Liabiity-Attorney

Seattle Attorney Representing E.Coli Victims Invited to Growers Luncheon

2007-03-05T18:06:56Z

In what may have been one of the biggest surprises in Salinas, Bill Marler, the Seattle attorney representing the families of people sickened during last year's E. coli outbreak, was recently invited to address growers and shippers regarding food safety.

]]> In what may have been one of the biggest surprises in Salinas, Bill Marler, the Seattle attorney representing the families of people sickened during last year's E. coli outbreak, was recently invited to address growers and shippers regarding food safety.

Marler's talk, entitled, "Put Me Out of Business -- Please," may have been seen initially as a slap against growers and their practices. Instead, the lawyer focused on the opposite, that it was time for the food growers to take the proper steps that would put the attorney out of business.

Marler informed the audience that since 1995 there have been 21 E. coli outbreaks attributed to the fresh produce market. Those outbreaks have sickened more than 1,000 people and killed seven.

Having earned nearly $25 million from food-born illness settlements over that time, Marler insisted that it was time for the local industry to tackle its own issues.

For more on Marler's address to the food growers and shippers, see:
http://www.montereyherald.com/mld/montereyherald/16808709.htm

Paxil Lawsuits Continue for GSK

2007-01-03T00:54:14Z

Five additional lawsuits were filed in December against GlaxoSmithKline (GSK) regarding the failure of the company top warn doctors and consumers about the potential birth defect risks for mothers who had been prescribed Paxil during pregnancy. The wonder drug has been prescribed for every form of health issue from obsessive-compulsive disorder to premenstrual dysphoric disorder to migraine headaches.

]]> Five additional lawsuits were filed in December against GlaxoSmithKline (GSK) regarding the failure of the company top warn doctors and consumers about the potential birth defect risks for mothers who had been prescribed Paxil during pregnancy. The wonder drug has been prescribed for every form of health issue from obsessive-compulsive disorder to premenstrual dysphoric disorder to migraine headaches.

Barely a year ago, the FDA moved Paxil from a Category C drug to Category D. That switch indicates that the drug no longer is considered to be only to harmful an animal fetus, but that is has also been found to be harmful to a human fetus.

Based on that finding, obstetricians and gynecologists are advising the avoidance of Paxil by both pregnant women and those planning on becoming pregnant in the future. Use of the drug has been linked to a potential risk of fetal heart defects and newborn pulmonary hypertension. In addition, suggestions have been raised that there may be a linkage between the drug and an increased risk of congenital heart malformation.

For more on the issue, see:
http://www.dissidentvoice.org/Dec06/Pringle27.htm

Tough times for Medtronic Inc. - Medical Company to Face Hundreds of Faulty Defibrillator Lawsuits

2006-12-06T18:13:40Z

Medtronic Inc. failed to convince U.S. District Judge James Rosenbaum that the hundreds of lawsuits the company was facing relating to potentially faulty heart defibrillators ought to be dismissed.

]]> Medtronic Inc. failed to convince U.S. District Judge James Rosenbaum that the hundreds of lawsuits the company was facing relating to potentially faulty heart defibrillators ought to be dismissed.

To date, more than 300 cases have been filed by patients and family members. The suits are based upon a safety alert to doctors by the company in February 2005. The company's advisory centered upon potentially faulty batteries.

Though the plaintiffs were pleased with the ruling, Medtronic stipulated it would seek the court's permission to appeal the ruling. In a statement released by Medtronic, the company insisted that there have not been any confirmed serious injuries or deaths related to the alert.

For more on the class action suit against Medtronic, see:
http://www.startribune.com/535/story/841027.html

Insight on Business Liability Coverage

2006-11-07T16:21:52Z

At some point you or someone within your business will likely make some form of mistake. In today's litigious society, you will want to be sure that your business is protected from claims when such a mistake occurs.

]]> At some point you or someone within your business will likely make some form of mistake. In today's litigious society, you will want to be sure that your business is protected from claims when such a mistake occurs.

There are four general types or categories of business liability insurance coverage available. They include general liability, professional liability, product liability and employment practices liability. To ensure that you are properly insured, you must have a basic understanding of each type of coverage and which type is the best fit for your company.

A classic mistake is to purchase the wrong form, thinking you are covered only to learn that the specific incident that occurs is not under the umbrella of the insurance you purchased. Likewise, it is foolish to pay for all forms of coverage if there are forms that are not relevant to your enterprise.

For more on the various types of coverage and how to discern which category is relevant for your company, see:

http://www.fool.com/news/commentary/2006/commentary06102306.htm?ref=foolwatch

Litigation - Big Business Equals Big Headaches

2006-10-24T16:15:28Z

A new survey of corporate counsel from international law firm Fulbright & Jaworski L.L.P., reveals that American corporations are known for more than just entrepreneurship. Large U.S. companies, defined by those with $1 billion plus in annual gross revenue, were also the biggest players in the litigation field according to the survey.

]]> Probably to no one's surprise, America's largest corporations are big spenders when it comes to legal issues.

A new survey of corporate counsel from international law firm Fulbright & Jaworski L.L.P., reveals that American corporations are known for more than just entrepreneurship. Large U.S. companies, defined by those with $1 billion plus in annual gross revenue, were also the biggest players in the litigation field according to the survey.

Half of the survey respondents in the billion dollar category reportedly retained counsel from more than 20 outside firms. Insurance companies were the leaders, with 58% retaining attorneys from 20-plus firms.

Also, not too surprisingly, U.S. companies reported the expenditure of 71% of their overall legal budgets was used to deal with pending disputes. In other words, nearly three-fourths of the legal fees for America's largest corporations was essentially used in the liability field.

When it comes to companies, it also seems self-evident that the insurance industry represented the greatest number of liability cases. Included in the study was the revelation that largest businesses were also willing to initiate suits on behalf of their product or company.

For details on the findings, see: www.fulbright.com/litigationfindings. To read a summary of the information, visit: http://lawfuel.com/show-release.asp?ID=9064.

Outsourcing Lawyers? DuPont Hopes the Idea Works

2006-10-03T07:11:07Z

The risky move has the potential to save DuPont an expected 40% to 60% on some key document work. If the venture works out, the company could cut up to $6 million from its annual $200 million a year in legal expenditures.

]]> In preparing for a key asbestos litigation case, DuPont is going off shore for a large segment of its legal services.

The risky move has the potential to save DuPont an expected 40% to 60% on some key document work. If the venture works out, the company could cut up to $6 million from its annual $200 million a year in legal expenditures.

But critics note that relying on foreigners could be costly in the long run, particularly if the quality of the work is suspect, or not completed in a timely manner.

For more on the DuPont legal cost-cutting measures in the insurance and liability areas, see:

"http://inhome.rediff.com/money/2006/sep/30bpo.htm"

Far Reaching Product Liability Decision?

2006-09-12T10:25:01Z

In a recent ruling, the Arizona Court of Appeals has ruled that manufacturers can escape full responsibility for damages caused by their products if the company can show that the product's failure is due to faulty materials supplied to the manufacturer.

]]> In a recent ruling, the Arizona Court of Appeals has ruled that manufacturers can escape full responsibility for damages caused by their products if the company can show that the product's failure is due to faulty materials supplied to the manufacturer.

The unusual judgement involved assessed damages to Premier Manufactured Systems after it was found that the damage was the fault of Worldwide Distributing Ltd., the company that had manufactured canisters for a water filtration system. The defective unit caused nearly $20,000 in damages to a homeowner.

Complicating the matter, Worldwide is out of business. So the 25% assessed damages to Premier is leaving 75% of the potential claim without a responsible party currently in business.

For more on the case and the attempts of State Farm to reclaim funds from the manufacturer of the system, see:

http://www.eastvalleytribune.com/index.php?sty=73713

Wagenfield Levine Names New Practice Group Leader

2006-08-30T22:50:09Z

The multi-state insurance defense practice of Wagenfield Levine has announced that Charity C. Hyde, an attorney with extensive experience in toxic tort cases, has been named to a newly constructed leadership position within the practice.

]]> The multi-state insurance defense practice of Wagenfield Levine has announced that Charity C. Hyde, an attorney with extensive experience in toxic tort cases, has been named to a newly constructed leadership position within the practice.

Hyde was named Environmental and Civil Litigation Practice Group Leader for the law firm. Hyde has extensive litigation experience, having handled cases involving both product and premises liability, insurance fraud, as well as automobile liability.

Hyde also handles civil litigation at Levine's Philadelphia office.

For more on Hyde and Wagenfield Levine, see:
http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20060822005799&newsLang=en

Eli Lilly Reports Difficulty in Obtaining Product Liability Insurance

2006-08-16T05:47:09Z

With the current liability claim exposure for its Zyprexa product extremely high, Eli Lilly has reported experiencing difficulty obtaining product liability insurance. In its first quarterly report for 2006, the company announced that a restrictive insurance market will force Eli Lilly to self-insure against future product liability claims.

]]> With the current liability claim exposure for its Zyprexa product extremely high, Eli Lilly has reported experiencing difficulty obtaining product liability insurance. In its first quarterly report for 2006, the company announced that a restrictive insurance market will force Eli Lilly to self-insure against future product liability claims.

Lilly has expressed concerns regarding its ability to collect on past insurance claims. Lilly is currently litigating against insurance carriers in both Indiana and Bermuda that have attempted to rescind policies.

In addition, a new claim filed July 24, 2006 in Mississippi now looms. Attorney general, Jim Hood, has filed suit against Lilly charging the company with promoting Zyprexa for unapproved uses.

For more on the Lilly Zyprexa liability issues see:
http://www.opednews.com/articles/genera_evelyn_p_060807_zyprexa_lawsuits___e.htm

Exxon Mobile liability cases could be sent to federal court

2006-07-25T16:04:01Z

A federal judge has ruled that the 60 or so pending claims against Exxon Mobil could be sent to federal court. The Baltimore County residents that have filed product liability suits against the gasoline maker are not happy.

]]> A federal judge has ruled that the 60 or so pending claims against Exxon Mobil could be sent to federal court. The Baltimore County residents that have filed product liability suits against the gasoline maker are not happy.

This is considered a small victory for Exxon, who is fighting claims that a massive gasoline spill earlier this year may have contaminated drinking wells in Baltimore County. Exxon's attorney, Andrew Gendron, successfully argued that the case should be sent to a judicial panel in New York, which could then forward the cases to a federal judge that hears cases related to the fuel additive methyl tertiary butyl ether (MTBE).

Product liability attorney Phil Stein was arguing that the cases should stay in the state courts and that these cases have little to do with MTBE, but rather, they have to do with a massive gasoline spill.

Click here to read more on this story.

Former Product Liability Attorney steps down from Nebraska Supreme Court

2006-07-19T16:52:37Z

On Tuesday, Nebraska Supreme Court Chief Justice John V. Hendry, and former product liability attorney, announced that he will retire after eight years of service. The announcement took his fellow Supreme Court justices by surprise, but was apparently made for two very good reasons. The 58-year-old cited a desire to spend more time with family and to live at a more relaxed pace.

]]> On Tuesday, Nebraska Supreme Court Chief Justice John V. Hendry, and former product liability attorney, announced that he will retire after eight years of service. The announcement took his fellow Supreme Court justices by surprise, but was apparently made for two very good reasons. The 58-year-old cited a desire to spend more time with family and to live at a more relaxed pace.

His reasons for stepping down are breath of fresh air in an era marked by a variety of more notorious and scandalous motivations for stepping down (Kenneth Lay comes to mind).

Hendry excelled in product liability law and by 1995 was considered to be one of the top liability litigators in Nebraska.

The retirement is effective Oct. 2 of this year.

Yet another lawsuit filed against Taser International

2006-07-13T18:55:32Z

The suit being brought forth against Taser International is more in line with something that would be handled by a product liability attorney. The plaintiff is accusing the company of deceptively marketing the weapon, which delivers a 50,000-volt charge, as non-lethal. This will be the third such case in the Dallas-Ft. Worth area since 2004.

]]> One year after her son, Kevin Ray Omas, died as a result of three Taser shots, at the hands of Euliss police, Ronda Short has filed a wrongful-death suit against six officers from the small Texas town as well as Taser International.

It seems as if the real evil-doers in this incident were the Euliss police, who are known to use excessive force (they used a Taser on a man in diabetic shock in February) and who also failed to give Kevin Ray Omas any assistance after the Taser shocks were administered.

Click here for more information on the incident

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Bell Helicopter settles in California liability suit

2006-07-05T16:13:50Z

Bell Helicopter has come to terms on a settlement with the families of three paramedics that were killed in a 1998 crash. The paramedics were in the process of air-lifting a crash victim when the tail-rotor yoke on the Bell 205 helicopter failed, causing the pilot of the aircraft to lose control and crash. The pilot and another paramedic survived, but three paramedics and the auto accident victim were killed.

]]> Bell Helicopter has come to terms on a settlement with the families of three paramedics that were killed in a 1998 crash. The paramedics were in the process of air-lifting a crash victim when the tail-rotor yoke on the Bell 205 helicopter failed, causing the pilot of the aircraft to lose control and crash. The pilot and another paramedic survived, but three paramedics and the auto accident victim were killed.

The reason for this somewhat unusual suit was simple. The widows of the crash victims claimed that Bell Helicopter knew about identical tail-rotor yokes failures in at least five crashes of military versions of the same helicopter model but had failed to disclose that information to the Federal Aviation Administration. Their product liability suit claimed negligence and fraud.

The settlement agreement was announced last Tuesday, just two weeks after the product liability trial had begun. Terms of the settlement were not revealed.

Get more California Product Liability Attorney insights at Liability-Attorney.com

Dupont fighting back against teflon liability suits

2006-06-27T15:36:38Z

In an effort to preserve the integrity of one of its most popular and profitable products, Dupont Co. is fighting back against a slew of product liability claims being filed due to the alleged adverse effects of Teflon-coated cookware. Plaintiffs in over 20 states have claimed that Dupon misled them in regards to the safety of their Teflon cookware.

]]> In an effort to preserve the integrity of one of its most popular and profitable products, Dupont Co. is fighting back against a slew of product liability claims being filed due to the alleged adverse effects of Teflon-coated cookware. Plaintiffs in over 20 states have claimed that Dupont misled them in regards to the safety of their Teflon cookware.

Product liability attorneys are basing their cases on the claim that Dupont failed to tell the public during ordinary use the Teflon-coated cookware can release a chemical that has been deemed a likely carcinogen by the EPA. The chemical in question is perfluorooctanoic acid. It is a processing agent used in the making of Teflon.

The issue seems to come into play when Teflon-coated cookware is heated to extremely high temperatures. Temperatures above 680 degrees seem to release the cancer-causing chemical agent.

Here's a link to an article with more detailed info:
http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20060625/BUSINESS/606250307/-1/NEWS01

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Vioxx blaming everyone but themselves

2006-06-19T22:12:52Z

When the Vioxx product liability trial commenced in Atlantic City, New Jersey earlier this month defense attorneys for Merck immediately began to attack the defendant by saying that their heart attacks were caused by pre-existing health issues as oppossed to the now infamous painkiller.

]]> When the Vioxx product liability trial commenced in Atlantic City, New Jersey earlier this month defense attorneys for Merck immediately began to attack the defendant by saying that their heart attacks were caused by pre-existing health issues as oppossed to the now infamous painkiller.

Here's an example of what the liability attorneys had to say about the defendant, Elaine Doherty:
"If anyone was going to have a heart attack, it was Mrs. Doherty..."

Merck, will have to continue slinging mud a defendants for a long long time because roughly 13,000 Vioxx-related lawsuits like the one pursued by Doherty have already been filed. Merck vowed to fight them one by one. They have already lost three trials so far, with juries awarding multimillion-dollar verdicts in each.

Here's a link to an AP story with more detailed info on this ongoing trial:
http://www.dailynews.com/business/ci_3903078

Get more product liability attorney info at Liability-Attorney.com