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Archive for October, 2008

On the FDA website it was announced that it issued warning letters to Bayer for placing two types of over-the-counter aspirin, Bayer Women’s Low Dose Aspirin + Calcium (Bayer Women’s) and Bayer Aspirin with Heart Advantage (Bayer Heart Advantage). on the market without obtaining prior FDA approval.
The agency is unaware of significant adverse events linked [...]

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A report issued by Congressman Henry Waxman reveals that top FDA staff objected to Bush administration efforts to shield drug-makers from liability. You can read an article from the L.A. Times or view the report here.
On Monday, the Supreme Court will hear oral argument on the preemption issue in the Wyeth case.

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California has one of the nation’s most overcrowded and dysfunctional prison systems with about 173,000 inmates; roughly 30,000 are incarcerated for nonviolent drug offenses; about 16,000 inmates are assigned cots in hallways and gyms.  
Proposition 5, with supporters such as George Soros, would divert nonviolent drug offenders from prison to treatment programs. However, as the [...]

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The Department of Justice (DOJ) has released a study of state court civil trial verdicts in 2005. That year, state courts of general jurisdiction disposed of approximately 26,950 civil cases by either a bench or jury trial.
According to the DOJ, plaintiffs won in 56% of the cases and the final median damage award was $28,000.
For a [...]

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This decade my law firm has prosecuted two products liability lawsuits against the same envelope manufacturer on behalf of workers who suffered crush injury accidents on machines lacking proper safeguards. 
In both cases, the workers suffered the same type of injury which occurred on the same type of machine as a result of the same defect. And both workers were [...]

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A New York Times article analyzes how over the past 8 years under Bush the federal appeals courts have moved rightward so that Republican-appointed judges have a majority on 10 of the 13 circuits. The presidential election will determine if these courts shift even further rightward or move to the center.
An Obama victory could roll back the Republican [...]

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An all-too-common situation that confronts plaintiff’s attorneys is when corporate defense attorneys declare that they also represent employees who are fact witnesses to the subject matter of the lawsuit.
Effectively, this prevents the attorney from conducting potentially valuable informal interviews of the witnesses. And employees are often afraid to reject this “offer” from their employer and counsel.
A Brooklyn judge rejected an attempt [...]

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Funny Deposition

On the lighter side, here is a rather humorous deposition with an explosive ending from a frustrated, angry witness.

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Hey, there are plenty to choose from, right? Korematsu upholding the detainment of Japanese-Americans during World War II, Plessy v. Ferguson allowing segregation that is ”separate but equal,” Bush v. Gore …
David Savage of the Los Angeles Times polled a select group of legal scholars about what are the worst Supreme Court decisions and published the results. [...]

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Here is a wonky piece on health insurance companies trying to edge in on personal injury verdicts and settlements….
In New York, if health insurance covers your medical expenses, you cannot seek reimbursement for them in a personal injury lawsuit. Yet health insurance companies often attempt to either intervene in such lawsuits or obtain reimbursement from [...]

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