Anne Wallace is a New York lawyer, currently living in the metropolitan Washington, DC area. She writes on legal and business issues and teaches at the college and professional level. Anne graduated from Fordham Law School and Wellesley College.
December 6, 2017.
Washington, DC While many exploding airbag lawsuits focus on the harm caused by flying shrapnel, it is also important to be aware of the risk of high temperature chemical burns. Airbags are filled with sodium hydroxide that becomes an aerosol during deployment. If the airbag is improperly vented or filtered, the gas can cause serious chemical burns, indirect burns from melting clothing and inhalation injuries. Potential plaintiffs should make sure that they have complete medical records, including photographs, of all of their airbag injuries when seeking legal redress.Read [ Exploding Airbags Cause Chemical Burns ]
December 4, 2017.
San Francisco, CA 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.Read [ Can a Cabbie Collect Overtime? ]
December 1, 2017.
New York, NY: 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!Read [ How Unum LTD Denials Forced Statute Of Limitations Ruling Against Victim ]
December 1, 2017.
Washington, DC: 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.Read [ Are PPIs Especially Dangerous for Women? ]
November 29, 2017.
Oakland, CA: 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.Read [ Tesla Hit with Racial Discrimination Class Action Lawsuit ]
November 28, 2017.
Pasadena, CA: On November 16, 2017, a jury in Los Angeles Superior Court rejected Tina Herford’s argument that Johnson & Johnson’s Baby Powder and Shower to Shower talc products caused her mesothelioma. Her lawyer remains sanguine: “J&J is still selling contaminated baby powder. It is a matter of time before juries begin holding them to account,” he said of her talcum powder lawsuit. “We just missed on the first one.”Read [ Johnson & Johnson Wins First Mesothelioma Trial ]
November 27, 2017.
Washington, DC It’s not the users. It’s the doctors. In a November 22 interview with lawyersandsettlements.com, attorney Jason Brown told a strange two-track story where healthcare whistleblower lawsuits meet the opioid epidemic. It’s not pretty. He believes that 2018-2019 will bring a proliferation of whistleblower lawsuits that target the real villains – the doctors and the healthcare system within which they operate.Read [ Untold Story of Opioid Epidemic: Attorney Explains Kickbacks and Billing Fraud ]
November 25, 2017.
Honolulu, HI: Many consumer lawsuits over excessive overdraft fees focus on banks’ practice of reordering withdrawals to maximize what they can charge. The argument advanced by Linda Robinson in Robinson v. First Hawaiian Bank is different and relies on state usury laws. This opens new possibilities in the battle between consumers and banks and may prove to be important as federal financial protection for consumers seems increasingly under siege.Read [ Are Continuous Overdraft Fees Like Illegal Payday Loans? ]
November 22, 2017.
Miami, FL Two-year old Samantha Gonzalez was grievously burned in 2015, when her grandmother’s Tristar “As Seen on TV” pressure cooker malfunctioned. The damage will last as long as Samantha lives. Exploding pressure cooker injuries have been the source of many lawsuits. But this is not the kind of case that leads to a tidy legal resolution. Like life, it’s messy.Read [ Toddler Loses Leg and all her Fingers in Pressure Cooker Explosion ]
November 20, 2017.
Trenton, NJ: The FDA warns of fracture risk with Invokana and Invokamet and more recently of a higher risk for foot and leg amputation. The lawsuit chickens have now come home to roost.Read [ Invokana Lawsuits Consolidated into MDL in New Jersey ]
- Taxotere Hair Loss Does Additional Harm to Breast Cancer Survivors (Nov-12-17)
- Did FDA Fast-Track Contribute to IVC Filter Injuries? (Nov-10-17)
- Time Runs Short for Actemra Lawsuits (Nov-7-17)
- Phoenix Warehouse of California Hit with Overtime Pay Class Action Lawsuit (Nov-6-17)
- Onglyza Lawsuits Seek MDL Status in California (Nov-4-17)
- Left Behind in Benicar Lawsuit Settlement (Nov-1-17)
- It Just Got Harder to Sue Your Bank for Excessive Overdraft Fees (Oct-30-17)
- Six Sue Tristar for Exploding Pressure Cooker Injuries (Oct-29-17)
- Rumors of Doom for Talcum Powder Lawsuits Greatly Exaggerated (Oct-29-17)
- What is Next for Burn Pit Lawsuits? (Oct-26-17)
- Are Franchisors like McDonalds Accountable for Wage Theft? (Oct-24-17)
- Second Recall for Mitsubishi Airbags (Oct-20-17)
- California ‘Bad Faith’ Claim in Disability Denial Lawsuit (Oct-15-17)
- Are Actemra Claimants Headed for Multidistrict Litigation? (Oct-13-17)
- Court Order Means Potential Taxotere Plaintiffs Should Act ASAP (Oct-11-17)
- Cook Celect IVC Filter Lawsuit Goes to Trial (Oct-9-17)
- Were Defective St. Jude Cardiac Defibrillators Implanted Even After Recall? (Oct-9-17)
- Add Pancreatic Cancer to Your List of Saxagliptin Worries (Oct-9-17)
- Nurses Seek Class Action in Overtime Pay Lawsuit against CareMeridian (Oct-5-17)
- Citibank Borrowers Beware (Oct-4-17)
- Whistleblower Nets $2.9 Million in Healthcare Fraud Lawsuit (Oct-4-17)
- J&J Seeks Judgment Notwithstanding the Verdict in Talcum Powder Lawsuit (Sep-30-17)
- California Seeks $6.3 Million for Overtime Pay Law Violations (Sep-28-17)
- Burn Pit Lawsuit Shows How Hard it is to Sue Military Contractors (Sep-25-17)
- SEC Fraud Whistleblower Lawsuits Fly under the Radar (Sep-20-17)
- Children Infected by Stockert 3T Surgical Device at New Orleans Children’s Hospital (Sep-18-17)
- Hurricane Flooding Ups Risk of Airbag Injuries (Sep-16-17)
- Did Sanofi-Aventis Have a Duty to Warn Patients about Permanent Hair Loss? (Sep-12-17)
- Faulty St. Jude Riata Defibrillator Leads Eyed for Link to Heart Infections (Sep-11-17)
- Coming Unglued – DePuy Synthes Attune Buckles at the Knees (Sep-9-17)
- Banks Fight Excessive Overdraft Suits with Bid for Arbitration (Sep-8-17)
- On-Call Driver Sues Starbucks for Wage Theft (Sep-6-17)
- Are Benicar Generics Flying Under the Radar? (Sep-4-17)
- LTD Plaintiff Breaks Through ERISA Barrier (Sep-4-17)
- Bag Search Plaintiffs Get Another Bite at Apple (Aug-30-17)
- Qui Tam Whistleblower Lawsuit Goes After “Up Coding” (Aug-28-17)
- Still Too Soon to Take Echeverria to the Bank (Aug-26-17)
- Insulation Failure, Battery Failure and Cyber Hacking - A Triple Threat for Pacemaker Patients (Aug-24-17)
- Replacement Airbags Pose Serious Risk of Injury to Consumers (Aug-23-17)
- How Often Must California Workers Get a Day Off? (Aug-17-17)