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  • Exotic Dancers Bring California Labor Lawsuit to Recover Back Wages
    Sep-18-18 Santa Ana, CA By a July 18, 2018 Order , the Superior Court of Orange County ruled that the new Dynamex “ABC” test for determining whether workers are employees or independent contractors should be applied retroactively. The decision in Dynamex v. Superior Court of Los Angeles County was already expected to have far reaching consequences...
  • 440,000 Deaths Annually from Preventable Hospital Mistakes
    Jan-22-15 A patient safety study estimates that more than 400,000 American deaths are associated with preventable harm done to patients in hospital settings. According to the Journal of Patient Safety study, Evidence-based Estimate of patient Harms Associated with Hospital Care, preventable adverse events (PAE’s) contributing to deaths from care in hospitals...
  • Defective Catheter Lawsuit News and Legal Information
    Millions of catheters have been recalled over the past few years by medical device manufacturers and the FDA after receiving reports of serious health complications linked to catheter device failure. Subsequently, lawyers have been investigating complaints and defective catheter lawsuits have been filed. Among issues cited in the recalls are catheter separa...
  • NLRB Decision on FedEx Home Delivery Drivers Could Be Far-Reaching
    Nov-24-14 Hartford, CT It’s one thing when a small business operator decides to opt for cost savings on the backs of his or her employees by misclassifying them as independent contractors and thus, robbing them of any opportunity for overtime pay . It’s quite another when a major employer with global reach allegedly attempts the same thing. In a re...
  • Court Allows Eli Lilly to Bury Zyprexa Documents
    Dec-21-06 New York, NY Alaskan attorney, Jim Gottstein, says that after being served with a mandatory injunction, he has returned the internal Eli Lilly documents that he obtained in litigation and provided to the New York Times to the court. Information from the documents related to Lilly's antipsychotic drug, Zyprexa , was highlighted two days in a row in fr...
  • State Courts Invalidate Consumer Arbitration Clauses, and Sidestep SCOTUS Ruling
    Oct-17-14 Two state supreme courts found consumer arbitration agreements unenforceable in the past week: Arkansas and New Jersey. •Arkansas grounded its decision on the lack of mutuality in the consumer arbitration agreement (similar to Missouri’s recent ruling). Alltel Corp. v. Rosenow, 2014 WL 4656609 (Ark. Sept. 18, 2014). •New Jersey grounded its de...
  • Courts Continue to Quash Nursing Home Arbitration Agreements
    Oct-14-14 Reading, PA When one thinks of nursing home abuse , it would be expected to assume images of mistreatment of the resident through either elder care neglect, or antagonistic and grounds of physical abuse. But there is another form of alleged abuse that has been lurking amongst nursing homes and elder care facilities for some time. It’s abuse tha...
  • Most Denied Disability Insurance Claimants Win, but Not All Do
    Jun-30-14 Los Angeles, CA It’s a proven fact that in most cases, disability insurance claims are almost always denied on the first try, often denied on the second attempt, but more often than not accepted and approved on the third attempt, on appeal. It’s the way the insurance industry appears to prefer to work. However, in spite of California Insuranc...
  • Recalled Stryker ShapeMatch Cutting Guide System Fast-Tracked to Market
    Jan-31-14 Kalamazoo, MI Any ShapeMatch Cutting Guide lawsuit , pundits say, might include reference to a loophole in product testing guidelines long maintained by the US Food and Drug Administration (FDA) and widely derided by critics. To wit, any proposed medical device with a design similar to a product already on the market can bypass the usual clinical trial...
  • Did Cutting-Edge Stryker Process Cut Plaintiff the Wrong Way?
    Dec-22-13 Lafayette, LA One could understand Ouita Corley’s frustration with her knee replacement surgery, an operation that has been performed hundreds of thousands of times. But what sets Corley apart from other knee replacement patients, is the use of Stryker ShapeMatch Cutting Guide in her procedure. The device has since been recalled, and Corley now serve...
  • School Districts Are Not Liable for Money Damages from the Misidentification of Students As Disabled...
    Sep-18-13 PRESS RELEASE The Third Circuit Court of Appeals issued a decision affirming summary judgment in favor of the Lower Merion School District (“District”) in the case of Durrell ex. rel S.H. v. Lower Merion School District (No. 12-3264, U.S. App. LEXIS 18458, (3d Cir., 2013)) in which it ruled on multiple issues of first impression. The case involved a...
  • Ride-Hailing Companies exempt from classifying drivers as employees, but not exempt from California labor lawsuits
    Dec-9-20 San Francisco, CA Despite winning Proposition 22, which means that Uber, Lyft and other ride-hailing companies are exempted from AB5 and drivers are reclassified as independent contractors, the companies are not immune to California labor lawsuits . Proposition 22 Opposition Proposition 22, bankrolled mainly by Uber, goes into effect December 17, bu...
  • Drilling Mud Engineer Remembers Asbestos “Like Being in a Sandstorm”
    Feb-6-13 Austin, TX Les had a long and successful career as an asbestos mud engineer, but he’s paying for it now. He was diagnosed with chronic obstructive pulmonary disease (COPD), but it could be a whole lot worse. Many of his co-workers exposed to asbestos - from rigs to mines - have succumbed to asbestos mesothelioma . Les worked with asbestos dri...
  • Defective Hip Implant Lawsuit News and Legal Information
    Hip replacement lawsuits have been filed due to early failure of certain hip implants used in the procedure. Metal-on-metal hip replacement systems have reportedly caused pain and other side effects, often requiring revision surgery. Defective hip implant lawsuits have been filed against various manufacturers and distributors by patients alleging hip replac...
  • Intellectual Property Law: Nintendo Loses $21 Million Lawsuit
    May-22-08 Lufkin, TX Anascape Ltd. has been awarded $21 million in an intellectual property lawsuit against Nintendo. The well-known video game maker has lost the $21 million lawsuit filed by Anascape, Ltd., a small Texas-based company. The lawsuit alleged that Nintendo's designs for certain Wii, WaveBird and GameCube controllers infringed on copyrights held by...
  • Attorney Peter Kaufman on Accutane Litigation
    Apr-25-08 Pensacola, FL Peter Kaufman, a shareholder partner in Levin, Papantonio, Thomas, Mitchell, Echsner and Proctor, P.A. , describes his practice as "almost exclusively pharmaceutical litigation on behalf of plaintiffs." He's been involved in litigation around Baycol, phenylpropanolamine (PPA), and Vioxx, as well as in three successful personal injury suits a...
  • Qui Tam Whistleblower - Government Fraud - Qui Tam Lawsuit
    Qui tam is a law passed by Congress that allows a private individual with knowledge of fraud committed against the federal government to act as a government whistleblower and bring about a qui tam lawsuit on behalf of the US. Any situation where a company or individual has defrauded the government comes under the False Claims Act, including Medicare...
  • Qui Tam FAQ
    Qui Tam FAQ...
  • Adderall Death, Stroke and Hearth Attacks
    The FDA has received a number of reports of Adderall heart attack , Adderall stroke , and even Adderall death in both children and adults, and the numbers are likely to increase as more children are prescribed Adderall for ADHD . Adderall heart problems are also reported in people prescribed the drug for bipolar disorder and in college students who b...
  • 3M Bair Hugger Injury Lawsuit Legal News and Information
    A Forced-Air Warming blanket is a medical device designed to keep patients warm during orthopedic surgery and reduce the risk of infections. But these warming blankets, including the 3M Bair Hugger Warming System , may actually be causing infections. A number of 3M Bair Hugger injury lawsuits have been filed by patients who had hip or knee replacements a...
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