californianlawyer.com

November 22, 2006

OSHA Scientist Faces Suspension for Asbestos Warnings

A scientist at the Occupational Safety and Health Administration was threatened to be suspended for not revising asbestos warnings to auto mechanics working on brakes. According to documents, OSHA told the scientist he would be suspended for 10 days without pay, but the advisory bulletin remains online as the scientist stands by his “solid” claim. According to a government union, OSHA wants his advisory to include auto industry funded studies that say asbestos in brakes does not pose any risk.

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Employers Increase Electronic Monitoring

Filed under: Employment Law — @ 7:13 pm

Employees abusing their access to electronic communication may experience more frequent monitoring by employers. Employees have become “so comfortable” communicating via email and other forms of internet messaging that “negative consequences of mixing work, play and technology are catching up.” Based on a 2006 survey by the ePolicy Institute in OH, 26 percent of 416 companies surveyed have fired an employee because of inappropriate use of e-mail.

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FDA OKs Use of Silicone Breast Implants

The 14-year ban on silicone gel breast implants was lifted by the FDA last week, which deemed them safe for women ages 22 and older. The controversy over the safety of silicone gel was fueled by two decades of lawsuits claiming they caused cancer and rheumatoid arthritis. According to plastic surgeons, silicone gel implants will quickly become preferred over saline implants because they are softer.

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State Settles Accusations of Negligence in Inmate\’s Death

Filed under: personal injury law, criminal law, Wrongful Death — @ 5:22 pm

The family a teen inmate who died from an undiagnosed brain abscess settled a lawsuit against the state of TX. According to the family attorney, the inmate lost 52 pounds in less than 100 days in prison, but he never saw a doctor. The family agreed to an amount of $250,000 to settle the case alleging \”deliberate indifference\” by personnel.

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November 21, 2006

Mine Workers Foresee Deadly Effects of Asbestos Exposure

Filed under: personal injury law, Class Actions, Product Liability — @ 11:07 pm

The Libby mine in MT is contaminated by a naturally occurring mix of vermiculite and asbestos that either floated in dust clouds or was sold nationally as a mix for home insulation, a commercial fire retardant, and as garden fertilizer. Out of the 8,000 people living in and around Libby, over 1,500 have been diagnosed with asbestos-related illnesses. W.R. Grace & Co. “basically sentenced us to death”, said a former mine worker who now suffers from asbestosis.

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Jury Finds for Judge Defamed by Local Newspaper

Filed under: personal injury law, Defamation — @ 10:06 pm

The IL Supreme Court’s chief justice will receive a $7 million award after a local newspaper defamed him nearly three years ago. The Kane County Chronicle plans to challenge the verdict in post-trial motions and is likely to appeal. The verdict is considered unusual due to the amount awarded and the plaintiff’s position as a sitting judge.

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Law Firm Sues T-Mobile Over Early Termination Fees

Filed under: business, Class Actions, Fraud — @ 9:00 pm

T-Mobile faces a potential class-action lawsuit alleging their early contract-termination fees violate consumer protection laws in 13 states. If granted class-action status, it is estimated that hundreds of thousands of people can benefit from tens of millions of dollars in damages. The ID law firm who filed suit claims the $200 cancellation fee may be illegal when customers cancel because of inadequate service.

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Jury Selection Begins in Microsoft Case

Filed under: business, marketing, Class Actions, Fraud — @ 7:58 pm

Court officials in the state of IA began the jury selection process in a multi-million dollor Microsoft case by calling on 469 potential jurors. The lawsuit alleges the company overcharged consumers in the last 12 years by as much as $450 million. Jury selection is estimated to take at least a week and opening arguments are set to begin after the Thanksgiving holiday.

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Omnicare Settles Lawsuit Alleging Overcharging of Medicaid

Filed under: business, insurance, Class Actions — @ 6:47 pm

Omincare has agreed to pay $49.5 million to settle lawsuits alleging the company did not give Medicaid patients less expensive drugs, opting instead for the more costly ones. The lawsuit was initiated by two former employees of Omnicare who reported this fraudulent practice. The settlement is to be divided between the federal government and 42 states, while the two whistleblowers will receive about $6.5 and $8 million each.

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November 20, 2006

Fifth County Joins Class-Action Against Paint Manufacturers

Filed under: Class Actions, Product Liability — @ 9:24 pm

San Mateo County in CA has joined a class-action suit over the sale of lead paint and a blatant disregard of the risk it poses to children. Several manufacturers along with the Lead Industries Association are accused of fraud, negligence, liability and public nuisance. Plaintiffs also demand that companies remove the paint from buildings and pay restitution.

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