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Legal News
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Headline Legal News from LexisNexis
02/17/2006 08:09 PM
MDL 1535 Judge Denies Motion For Sanctions
CLEVELAND -- Motions by the defendants in the national welding fume products liability litigation for sanctions related to bellwether plaintiff Dewey Morgan's embellishments of his injuries were, if not frivolous, "at least very sloppy on the defendants' part," U.S. Judge Kathleen McDonald O'Malley of the Northern District of Ohio said Feb. 15 near the conclusion of the third day of arguments and testimony on the motions (In re: Welding Fume Products Liability Litigation, No. 03-17000, MDL 1535, N.D. Ohio).
02/17/2006 08:09 PM
Celexa/Lexapro Cases Transferred To Missouri Federal Court
WASHINGTON, D.C. - Federal cases involving suicides and suicide attempts allegedly caused by the use of Forest Pharmaceutical Inc.'s antidepressants Celexa and Lexapro will be consolidated and transferred to the U.S. District Court for the Eastern District of Missouri, sources told Mealey Publications (In re: Celexa/Lexapro Products Liability Litigation, MDL No. 1736, JPML).
02/17/2006 08:09 PM
Justice Grants Insurer Judgment On Pleadings In Ohio Welding Cases
CLEVELAND-- Defendant Metropolitan Life Insurance Co. was granted a judgment on the pleadings Feb. 15 in the consolidated welding rod products liability litigation based on the reasoning of a 2004 asbestos litigation decision that requires a special relationship among the insurance defendant and plaintiffs to sustain a duty to warn cause of action (In re: Civil Action -- Welding Rod, No. 531703, Ohio Comm. Pls, Cuyahoga Co.).
02/17/2006 08:09 PM
Certification Of Online Consumer Fraud Class Reversed
SAN ANTONIO - A Duval County, Texas, District Court judge failed to perform the necessary rigorous analysis required under Texas law before certifying a class action in which an online hotel reservation service is accused of defrauding consumers, a Texas appeals court ruled Feb. 1 (Hotels.com v. Mary Canales, individually and on behalf of all others similarly situated, No. 04-05-00315-CV, Texas App., 4th Dist.; 2006 Tex. App. LEXIS 803).
02/17/2006 08:09 PM
Appeals Court Says FDA Approval Renders Anthrax Controversy Moot
WASHINGTON, D.C. - A federal appeals court has denied as moot the government's appeal of an injunction against the Department of Defense's anthrax vaccination program and remanded it for the trial judge to consider a motion to vacate his earlier opinion (John Doe #1, et al. v. Donald H. Rumsfeld, et al., No. 04-5440, D.C. Cir.).
02/17/2006 08:09 PM
New York Appeals Court Rejects $3.5 Million Settlement Over Fees
NEW YORK - A New York appeals court on Jan. 31 rejected a $3.5 million settlement of a class action in which a food company is accused of misrepresenting the amount of fat in its snack food products (Victor Klein, et al. v. Robert's American Gourmet Food Inc., et al., Nos. 2003-00553, 2003-04748, 2003-04775, N.Y. Sup., App. Div., 2nd Dept.).
02/17/2006 08:09 PM
Minnesota Federal Judge Dismisses Antitrust Claims Related To Prescription Drug
ST. PAUL, Minn. - A Minnesota federal judge on Jan. 30 dismissed a case against the makers of the antidepressant drug Paxil, holding that the health benefit plan plaintiffs did not have standing to bring claims for damages under antitrust laws because they were not direct purchasers of the drugs, and dismissed remaining state law claims because the claims did not require the resolution of a federal question (Blue Cross and Blue Shield of Minnesota, et al. v. GlaxoSmith Kline plc, et al., No. 05-910, D. Minn.; 2006 U.S. Dist. LEXIS 4210).
02/17/2006 08:09 PM
Senate Budget Vote Derails Asbestos Compensation Bill
WASHINGTON, D.C. - A vote in the U.S. Senate late Feb. 14 fell two votes shy of overcoming an objection to the asbestos trust fund legislation on the grounds that it could violate budget rules by forcing taxpayers to pay for any shortfall. The 58-41 vote - two votes short of the necessary 60 - sustained an objection by Sen. John Ensign, R-Nev., to S. 852, the Fairness in Asbestos Injury Resolution Act.
02/17/2006 08:09 PM
Florida Appeals Court Decertifies Prempro Med-Mon Class
MIAMI -- The Third District Florida Court of Appeal on Feb. 15 reversed an order certifying a medical monitoring class for asymptomatic resident women who used Prempro after finding that the lead plaintiff was an inadequate representative of the class and that the class's claims lacked commonality (Wyeth v. Arlene Gottlieb, et al., No. 3D-05-491, Fla. App., 3rd Dist.).
02/17/2006 08:09 PM
Insurer Argues Underlying Lawsuits Do Not Allege Legal Liability For Occurrence
Case: Nautilus Insurance Company v. 5 Westside Group Inc., et al., No. 05-3278, S.D. Texas
02/17/2006 08:09 PM
Federal Judge Denies Request To Further Extend FEMA Housing Assistance Program
NEW ORLEANS -The Federal Emergency Management Agency does not have to further extend its housing assistance program provided for Hurricane Katrina evacuees, a federal judge said Feb. 13 in denying a motion for a temporary restraining order (Beatrice M. McWaters, et al. v. Federal Emergency Management Agency, et al., No. 05-5488, E.D. La.).
02/17/2006 08:09 PM
Divided 3rd Circuit: Misrepresentation Claims Not Timely Filed
PHILADELPHIA - The Third Circuit U.S. Court of Appeals ruled 2-1 on Jan. 27 that workers who were allegedly misled about the value of their pension benefits during several transfers between employers were time-barred under ERISA's six-year statute of limitations for breach of fiduciary duty claims (Richard Ranke, et al. v. Sanofi-Synthelabo Inc., et al., No. 04-4514, 3rd Cir.; 2006 U.S. App. LEXIS 2015).
02/17/2006 08:09 PM
Washington State, Federal Government Resolve Hanford Studies Dispute
YAKIMA, Wash. - The State of Washington and the federal government agreed Jan. 9 that the U.S. Department of Energy will not ship four categories of radioactive and hazardous waste to the Hanford Nuclear Reservation until additional environmental studies have been completed (State of Washington v. Samuel W. Bodman, Secretary of Energy, et al., No. 03-5018, E.D. Wash.).
02/17/2006 08:09 PM
Prempro MDL Judge Names Bellwether Plaintiffs For July Trial
LITTLE ROCK, Ark. - The federal judge presiding over the Prempro multidistrict litigation on Jan. 30 announced the names of the two plaintiffs who will be the first in the country to try in federal court their claims that hormone replacement therapy caused them to develop breast cancer (In re: Prempro Products Liability Litigation, MDL No. 1507, E.D. Ark.).
02/17/2006 08:09 PM
Texas Court Finds Expert Reports Sufficient In Health Care Liability Action
HOUSTON - A Texas appeals court on Jan. 12 found that a trial court could review two timely filed expert reports in a health care liability action against Manor Care Health Services Inc., adding that those two reports were sufficient under state statute (Manor Care Health Services Inc., et al., v. Jerome Ragan, individually and on behalf of the Estate of Paulette Ragan, No. 14-05-00658-CV, Texas App. 14th Dist.).
02/17/2006 08:09 PM
Maryland Health Care Funding Law Passed; Retail Group Files Suit Alleging ERISA Preemption
ANNAPOLIS, Md. - The Maryland Legislature on Jan. 12 overrode a veto by Gov. Robert L. Ehrlich and passed a law that will require retail giant Wal-Mart to increase its spending on employee health care. But an industry association filed a federal suit against Maryland's secretary of labor, licensing and regulation on Feb. 7 seeking to stop the law from taking effect, arguing that it is preempted by the Employee Retirement Income Security Act of 1974 (ERISA) (Retail Industry Leaders Association v. James D. Fielder, Jr., No. 06-316, D. Md.).
02/17/2006 08:09 PM
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