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December 10, 2017
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Asbestos Mesothelioma Victim Was a Sitting Judge in Texas
Asbestos Mesothelioma Victim Was a Sitting Judge in Texas
An asbestos mesothelioma lawsuit that hits close to home for those in the legal profession appeared, earlier this month to be in limbo and caught between a workers’ compensation claim, and whether or not the subject of the asbestos lawsuit was indeed, an employee and thus qualified for worker’s compensation.

Tesla Hit with Racial Discrimination Class Action Lawsuit
Tesla Hit with Racial Discrimination Class Action Lawsuit
The complaint, filed on November 13, 2017 in the Superior Court for the State of California, Alameda County describes Tesla Motors, Inc. as a “hotbed” of racism and alleges multiple violations of California labor law. This is the third racial discrimination lawsuit to be filed against Tesla this year and the first to seek class action status. It takes place within a chorus of complaints about gender, age and sexual orientation discrimination.

Are PPIs Especially Dangerous for Women?
Are PPIs Especially Dangerous for Women?
The long-term use of drugs classed as proton pump inhibitors or PPIs , and marketed variously as Prevacid, Prilosec or Nexium, is dangerous for many reasons. Kidney damage, the focus of recently consolidated multidistrict litigation, is not the only problem. Long-term PPI use has also been associated with bone fractures and dementia in women, as well as the risk of birth defects. The issue for the lawsuits to come will be whether drug makers gave patients adequate warning of the dangers associated with their products and thus the opportunity to make informed choices.

Handy Guidance for Colorado Workers’ Compensation
Handy Guidance for Colorado Workers’ Compensation
Anyone in need of, or thinking about filing a Colorado Denied Workers Comp Claim would be wise to remain conversant with applicable laws, requirements and updates to statutes in concert with an attorney to ensure you haven’t inadvertently hamstrung your claim by missing a deadline, or dropping the ball on various requirements. Provided you sought the advice and expertise of a qualified attorney for guidance early in the process, a denied claim has a good chance of being reversed considering you had all your ducks in a row.

Tarry, Hinder & Delay Takes no Prisoners in Unum Defense
Tarry, Hinder & Delay Takes no Prisoners in Unum Defense
In 1999, Susan Arkun, then a tax lawyer with a well-known Manhattan law firm began to suffer from “mal de debarquement,” a chronic condition characterized by nausea, dizziness and visual instability –essentially a permanent form of seasickness. Shortly thereafter, she applied for long-term disability benefits under a policy insured by Unum Group. The denials, re-directions, delay and requests for additional information went on for 16 years before she filed a pro se lawsuit in the Southern District of New York. In September 2017, more than 18 years after the onset of symptoms, the court held that her claim was barred by the statute of limitations. Tarry, Hinder & Delay wins again!

Can a Cabbie Collect Overtime?
Can a Cabbie Collect Overtime?
Many people assume, without much thinking, that cabbies rent the cab from a cab company and then work pretty independently. The California Court of Appeals decision in Linton v. DeSoto Cab Company breathes life into a driver’s contention that he was an employee, entitled to unpaid wages, unpaid overtime and waiting time penalties. The Appeals Court did not determine that Darnice Linton was an employee, but sent the case back to the trial court with instructions that it apply certain legal principles originally developed in workers compensation and unemployment insurance cases. Simply put, plaintiffs in California overtime lawsuits now have more tools at their disposal.

$28M Xarelto Verdict Against J&J and Bayer
$28M Xarelto Verdict Against J&J and Bayer
A jury has found against units of Johnson & Johnson (J&J) and Bayer AG in the fourth bellwether Xarelto (Rivaroxaban) case being heard as part of a Xarelto mass tort. The award, nearly $28 million, is the first favoring a plaintiff, in this case Lynn Hartman, who alleged she suffered a serious gastrointestinal bleed while using the blood thinning medication. The jury found that the pharmaceutical companies failed to provide adequate warnings regarding the risks for bleeding associated with Xarelto.

“Physicians tell us they are working on how best to remove Essure,” says member of Essure Support Group
“Physicians tell us they are working on how best to remove Essure,” says member of Essure Support Group
To give some idea of the damage Essure has done, Amanda’s support group—Essure Problems-- has grown from 250 women when she joined to over 35,000 members. “We have physicians visit our Facebook page, telling us they once implanted the device and are now trying to perfect their removal technique,” she says.

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