californianlawyer.com

October 31, 2006

Show Confirms Execs Were Aware of BP Safety Hazards

A 60 Minutes segment reported that BP executives knew of the safety hazards in the Texas City refinery before its fatal explosion. In 2005, the blast killed 15 and injured several others even though documents show the refinery was repeatedly warned about safety issues. A survey of employees conducted prior to the blast showed that workers believed management put production and profits before safety.

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Appeals Court May Review Controversial Tax Decision

Filed under: personal injury law, business — @ 10:34 pm

The Bush administration requested a rehearing for a case where a federal income tax on non-physical, compensatory damages was ruled unconstitutional. The three-judge panel found that compensation for loss of a personal attribute is not received in lieu of income. The government states that the ruling is the first in over 85 years in which an exercise of congressional income-taxing power is struck down as unconstitutional.

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Insurer Settles Medicaid Dispute With U.S. Attorney\’s Office

Filed under: business, insurance — @ 9:28 pm

A $5 million settlement will resolve a Keystone Mercy Health Plan benefits-claims dispute with the U.S. Attorney\’s Office in Philadelphia. Keystone allegedly failed to return overpayments for Medicaid services to the Pennsylvania Dept. of Public Welfare. The lawsuit stemmed from a whistleblower\’s complaint who will also receive $780,000 from the settlement.

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More Patients Dying Over Slow Action on Stent Placement

Despite the controversy over the fatal risks of heart stents, cardiologists report that many more patients are dying each year from doctors\’ failure to promptly install stents when patients arrive at hospitals. The doctors at a New York city convention noted that studies prove that stents increase the survival rates of patients who have had heart attacks when compared to \”clot-busting\” drugs. A group of doctors have called for a nationwide policy of transferring patients to hospitals where they can be quickly stented, if necessary.

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October 30, 2006

Football Coach Finds Rat in McDonald’s Salad

Filed under: personal injury law, Product Liability — @ 11:27 pm

Dallas Cowboy assistant coach Todd Haley alleges he and his family found a dead rat in a McDonald’s salad they took home. Haley’s wife and their babysitter had eaten part of the salad before discovering the rat, later becoming violently ill and suffering long-lasting physical injuries. The lawsuit seeks $1.7 million in damages.

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Religious Order and Archdiocese Settle Abuse Case

Filed under: personal injury law — @ 10:23 pm

A $10 million dollar settlement will resolve a sexual abuse case alleging plaintiffs were molested by clergy at a religious high school. Seven people will benefit from the settlement, including the two that were abused. The accused priest was ousted from presidency and suspended from priesthood.

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Partial Settlement Approved in Fatal Nightclub Stampede

Filed under: personal injury law, insurance, Class Actions — @ 9:17 pm

A judge allowed for a partial settlement of $1.5 million in a nightclub stampede that led to 21 deaths and dozens of injuries. The nightclub owner, his partner, and the corporate entity behind the club will pay from two insurance policies. Also according to the settlement, plaintiffs will be able to seek an additional $1 million under an insurance policy that leased the building to the nightclub owners.

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Civil Rights Group Sues City for Violating Disability Laws

Filed under: Class Actions — @ 8:04 pm

Access Now, a civil rights group based in FL, is suing the city of Vancouver, WA for allegedly violating the Americans with Disabilities act (ADA), among other statutes. The Access Now lawsuit was filed on behalf of a 26-year-old paraplegic Vancouver resident that has had problems getting around the city. The lawsuit cites the federal Rehabilitation Act of 1973, the ADA, and state laws against discrimination.

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Settlement to Require Faster Care for the Mentally Disabled

Filed under: personal injury law, business, Class Actions — @ 7:02 pm

A lawsuit filed by a group of TX families have settled their lawsuit against two of the state’s service programs for the mentally retarded. The families had allegedly waited years for their loved ones to receive services, and the settlement will require programs to reduce the wait time for home health care. The settlement also requires the TX Human Services Commission to request up to a 10 percent budget increase from Legislature.

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“Grand Theft Auto” Claims of Explicit Images to Proceed in Court

Filed under: business, Class Actions, Product Liability — @ 5:56 pm

Take-Two Interactive Software, seller of “Grand Theft Auto” video games, filed an unsuccessful motion to dismiss claims of distributing sexually explicit images under the wrong content label. A July 2005 lawsuit seeking class-action status alleges the company violated consumer protection laws in all 50 states and the District of Columbia. Since the lawsuit was filed, several similar cases were consolidated in Manhattan federal court.

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