Legislative Update for Brand Manufacturers Distributing in Alabama
On April 28, 2015, the Alabama House of Representatives passed SB-80, thereby abolishing the highly criticized theory of innovator liability adopted in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813 (Ala. Aug. 15, 2014)….By: Baker Donelson
OSHA and NCTE Form Alliance to Protect Safety, Health of Transgender Workers
The alliance allows OSHA to speak, exhibit and appear at events sponsored by the NCTE.
Success Fees and Noise Induced Hearing Loss – Say that Again?
Judgment has now been handed down by Mr Justice Phillips in conjoined cases, Dalton and Others –v- British Telecommunications plc [2015] EWHC 616 (QB) At stake was the preliminary issue as to whether NIHL/tinnitus is to be treated as an injury or a disease, for the purposes of calculating fixed success fees under the former part 45 of the Civil Procedure Rules. The Defendant submitted that the court had to consider the “natural and ordinary” meaning of the word “disease”. The CPR contains no definition therefore the word simply had to be applied in the context of a claim for NIHL/tinnitus. The Claimant submitted that the court should consider a considerable body of material in order to construe “disease” more widely to include the condition of…
Washington State L&I Cites Business After Worker’s Death
The death of an employee at one business in the Pacific Northwest has meant significant ramifications for one business owner. The Department of Labor & Industries (L&I) has cited an Everett company for multiple safety violations related to the death of a worker last July. Nineteen-year-old Bradley Hogue was killed by a rotating auger while working inside the hopper of a bark-blower truck at a Duvall home. Pacific Topsoils has been cited for two willful and 14 serious violations, with penalties totaling $199,000. The employer has also been identified as a severe violator and will be subject to follow-up inspections to determine if the conditions still exist in the future. “The loss of this young man’s life is a tragedy that could have …
Teaching attorneys how to depose a truck driver
Michigan Auto Law attorney Tom James speaking today at New Jersey Boardwalk Seminar Today, attorney Tom James will be speaking to personal injury lawyers from New York and New Jersey during the New Jersey Association for Justice Boardwalk Seminar. His topic is “How to depose a truck driver” and he will be speaking at the Truck Accident Litigation Track. The biggest problem with these depositions is that lawyers aren’t taught how to depose truck drivers in law school, and most lawyers will only have one truck accident case every year or every couple of years. So it’s difficult to gain the experience and the base knowledge necessary to take an effective deposition. There are also many critical issues that can significantly aggravate liability and add …
What Damages Are Available Under Texas Law?
Though a car accident may seem straightforward, settling or resolving these cases can actually end up being much more complicated than people expect. From working with insurance companies to determining fault, there are many aspects that must be considered. Thankfully, Texas has put some laws in place that help make the process of securing compensation for damages more streamlined. Still, it is important to remember that every case will be unique and require a different approach depending on the factors involved. What the Law Says About Damages in Car Accidents In any car accident case, when the other party is at fault, their insurance company must accept liability or be willing to litigate in court. When they accept liability, an adjuster may step in and offer to …
Law firm wins top award for record negligence damages case – Irish Examiner
Irish ExaminerLaw firm wins top award for record negligence damages caseIrish ExaminerThe law firm which won a landmark medical negligence case, securing a record €14m in damages for a young boy injured at birth, has been recognised with a top award for its work on the historic case. Ernest J Cantillon Solicitors, based in Cork City …
Firefighters battle Holborn blaze, 2nd April 2015
An electrical fire caused ‘chaos’ in Holborn, central London after thousands of people were evacuated from the area, while firefighters battled for hours to control the blaze.
New Clinical Trial Shows Promise for Life-Extending Mesothelioma Drug – Asbestos.com
Asbestos.comNew Clinical Trial Shows Promise for Life-Extending Mesothelioma DrugAsbestos.comMaio and his colleagues in the oncology department recently published results of their smaller, one-center study detailing the effectiveness of tremelimumab, a drug that helps the body's own immune system to destroy mesothelioma cells without harming …
Ray v. ESPN, Inc. – USCA, Eighth Circuit, April 22, 2015
Eighth Circuit affirms dismissal of professional wrestler’s state-law right of publicity claims arising from ESPN’s re-telecast of wrestling match footage as preempted by Copyright Act….By: Loeb & Loeb LLP
Social Security Disability Funding Cuts Could Prevent People from Returning to Work
All of the talk from those opposed to providing sufficient funding to the Social Security Disaiblity Insurance (SSDI) program seem to think it will save tax payers money. According to a recent feature from the Center for American Progress, it will leave millions of Americans unable to take care of themselves and their families with no realistic hope of ever returning to work. One of the main problems was related to a recent budget, which passed along party lines, designed to stop people from collecting unemployment benefits and Social Security Disability Benefits at the same time. In other words, the goal to prevent “double dipping” would punish disability insurance recipients who lose their jobs for reasons other than through their own fault, who apply for unemployment benefits. …
NSA Gadget Transfer Program Turning Local Cops into Spies
With the media spotlight shining on police militarization, most Americans know something about the federal 1033 transfer program that enables police departments to get military equipment like armored vehicles, high power weapons, grenade launchers, and even bayonets. But most Americans don’t realize that local law enforcement agencies can also acquire spy gear from the feds. The NSA transfers electronic gadgets to a variety of agencies including local law enforcement, and it is as simple as catalog shopping. This is yet another example of the tangled web of cooperation between state and local law enforcement, and the feds – a phenomenon quickly devolving America into one massive interconnected surveillance state. These transfer programs have largely gone unnoticed. However, the most recent NSA tech catalog was recently released and …