2009 – That’s a Wrap!

December 29th, 2009. By LucyC

Well, it’s been a busy year for lawyers—and class actions were certainly popular. Employment class actions, comprised of allegations of unpaid overtime and wages and violations of the Federal Fair Labor Standards Act (FLSA) were among the most commonly filed lawsuits. Seems there’s no shortage of companies willing to fiddle the math. Even the biggies—Costco, McDonalds, AT&T, Marriott, Bank of America, Wells Fargo, UPS, Starbucks, Dominos Pizza—even Hooters! And I could go on. 

Other hot topics in 2009, included Chinese Drywall.

Who in this part of the world (and presumably China) has not heard of Chinese Drywall by now? Estimates suggest that possibly 100,000 people are affected by this toxic home building product, and on December 9, a federal class action was filed against Knauf Plasterboard Tainjin Co. Ltd. (KPT), one of the primary manufacturers implicated in the debacle. 

Overdraft fees were also a topic close to many peoples’ hearts in 2009. Bank Atlantic was one institution hit with a class action for allegedly manipulating the posting dates of consumer debit card and check transactions so they could make more money on customers’ overdraft fees. 

And speaking of fees, the issuers of prepaid debit cards also had their toes to the fire this year, among them Green Dot Visa for allegedly charging high fees on their ‘prepaid debit cards.’ 

Unfortunately, asbestos mesothelioma lawsuits—individual lawsuits not class actions—remained prominent this year. As more retirees are only now being diagnosed with the asbestos-related Read the rest of this entry »

Did Yasmin Clinical Trials Lack Female Researchers?

December 27th, 2009. By janem

Historically, clinical trials have studied more males than females, and researchers–for several reasons–test mostly or exclusively men. The Yasmin manufacturer says the effectiveness and safety of Yasmin was established in large-scale clinical trials: it involved 2,629 women. This number may seem substantial, but Viagra was given to over 3,000 men (of course) during its clinical trials and the statin Lipitor (prescribed for both sexes) involved 16,066 patients!

Biomedical scientists and researchers have preferred studying male subjects for a number of reasons including:

• The outdated belief that women were just little men and that the only difference was in reproductive organs;
• Perceived costs and complexity of recruitment and inclusion of women in clinical trials;
• The desire both to protect a woman’s potential fetus (regardless of whether she is pregnant, uses contraceptives, or intendsto conceive) and to avoid legal liability from prenatal exposure.
• The potentially confounding effects of women’s hormonal changes.

Clearly, a drug that is taken daily by millions of women-such as Yasmin and Yaz-needs more exhaustive clinical trials. Perhaps the (predominantly male) researchers are biased: they won’t ever take a birth control pill but they might use Viagra or a cholesterol-lowering drug like Lipitor or Crestor, the most widely prescribed medications in the world.

In the recently published book The Push to Prescribe, the authors make it clear that the under-representation–or even complete lack–of women in pharmaceutical research is one reason why women should research a drug such as Yasmin beforehand, even though they trust their doctors.

“Women are at the brunt of bad prescribing practices,” says Alan Cassels, a drug policy researcher. “Historically, it goes back to the birth control pill…Women are the leading consumers of health products, not just for themselves but for their husbands and kids as well.”

The Push to Prescribe also points out that adverse reactions to drugs are a major issue of particular interest to women. The number of people exposed to drugs is much more once it has been approved, meaning that experiences other than those observed in clinical trials are likely to occur after a drug is on the market.

5 Lawyer Quotes we loved from 2009

December 27th, 2009. By AbiK

Memorable, thought-provoking, grounded in principle—and one that capped off an emotional trial in New Orleans and marked a victory long overdue—the following are some quotes from attorneys we interviewed in 2009…(in no particular order)…

1. Ron Goldman, Baum, Hedlund Aristei & Goldman:

On plane crash lawsuits…

“The ultimate objective of every member of the plaintiff’s aviation bar that I know who regularly handles aviation cases, is to reveal the dangers in aircraft and in the aviation system to enhance the safety of aviation,” Goldman says. “That’s our major objective. It’s not just about getting an award for the plaintiffs, it’s about making aviation safer.” 

2. Michael Levine: RappaportGlassGreen & Levine:  

On personal injury lawsuits…

“I always tell my clients, just tell it like it is,” says Levine. “I have told my clients two and a half million times that there is no substitute for the truth. The truth never hurts you.”

3. Andrew Stoltmann, Stoltmann Law Offices:

On stockbrokers who pilfer money from their clients…when it comes to arguing his case to recover money, Stoltmann says he goes down his four-letter checklist (aka “SCUM”): 

S – was the investment suitable for the client given their age and risk tolerance

C – was the investor’s account churned or repeatedly rolled over in order to earn fees for the broker

U – were the trades and changes in the account unauthorized

M – were the risks and type of investment misrepresented to the client

On the stockbrokers themselves: “How can they sleep at night?” says Stoltmann. “They sleep very nicely in their mansions.” 

4. Joseph M. Bruno, the Law Office of Joseph M. Bruno:

On the federal court ruling that the Army Corp of Engineers which built the canal linking New Orleans to the Gulf of Mexico, was to blame for the catastrophic flooding that followed Hurricane Katrina… 

“The people of New Orleans are vindicated,” said Bruno before a throng of media representatives. “They (the Army Corps of Engineers) can no longer hide behind an immunity. It is time for the people of this city to be compensated.”

5. Norah Hart, Treuhaft & Zakarin:

On the high percentage of Match.com profiles that were allegedly still shown as “reachable” even though the profiles did not belong to active subscribers…

“A simple analogy is—I sell you a six pack of ginger ale and two of the cans are empty,” says Hart. “If I sold you six cans and you believe that all six are the same, but they are not. Four of them are what you are looking for and two of them are empty—now how do you feel about that?”

Legalese & Legal-speak: 10 for 2010

December 23rd, 2009. By Kristine B

With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…

Damages 

Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…

Compensatory Damages 

Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »

Asbestos News Roundup: 12.22.09

December 22nd, 2009. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of.

Asbestos Lawsuits

Charleston, WV: An asbestos lawsuit has been filed by Arnold Glenn Treadaway, who named 45 defendant companies in his complaint. Mr. Treadaway alleges that he was exposed to asbestos products of the defendants while working at various job sites over many years. He was diagnosed with mesothelioma on October 16. According to his suit, Treadaway alleges that the defendants were negligent, ran contaminated buildings, and breached their expressed/implied warranty, among other related charges. (WV Record.com )

Asbestos In Schools

Worcester, MA: Martha M. Coakley, the Massachusetts Attorney General, has reached an agreement with the city of Worcester, over charges leveled against pubic school officials in 2007. The school officials were accused of improper handling and disposal of aging asbestos floor tiles from the Vernon Hill School Read the rest of this entry »