The Utah family that stars in the reality show “Sister Wives” has won the right to sue the state of Utah, claiming the law that makes polygamy a state crime is unconstitutional. There have currently been no criminal charges filed against the family, but the suit states they are still “under the threat of… Continue Reading
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You Assume the Risk At Amusement Parks
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California Supreme Court: Amusement parks not financially liable for injuries suffered on thrill rides. IN a case that will likely be cited in states other than California, the California Supreme Court takes a giant step backwards in Sumer safety. What happens in cases where the operator is inadequately trained or is not paying attention thereby… Continue Reading
Being Irresistible Is Legal Basis for Firing
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In a case of first impression the Iowa Supreme Court rules this week that if you are so attractive that you are irresistible , something I personally don't have to worry about, it may be adequate grounds for your dismissal as the story below describes. The court seems to suggest that provocative work clothing… Continue Reading
Off Label Promotion Covered by the First Amendment: Are You Kidding Me?
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The Second Circuit Court of Appeals has ruled that the promotion of a drug for purposes not approved by the FDA is legal and that Big Pharma Detail Representatives are within their rights to do so. This decision has the potential to turn the drug safety system in our country upside down. Fortunately at… Continue Reading
Federal Judge Orders Big Tobacco to Admit Deception.
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In a decision that many commentators believe will have long ranging implications for companies that are not truthful about the risks inherent with the use of their products, Judge Kessler orders Big Tobacco to come clean and amit its misdeeds in public pronouncements. Below are links to stories covering this groundbreaking decision. One major television… Continue Reading
NBA team reaches settlement in case involving an exploding exercise ball.
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The AP (10/31) reports, “The Sacramento Kings have settled a lawsuit over an exercise ball the teams says exploded and injured a player.” According to the AP, “Roger Dreyer, the attorney who represented the NBA team and injured swingman Francisco Garcia, told the newspaper the settlement amount was confidential,” but described it as extremely favorable… Continue Reading
Appeals court allows class action in Sears moldy washer suit.
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Bloomberg News (11/13, Fisk, 1M) reports, “The U.S. Court of Appeals in Chicago today reversed an earlier ruling that barred consumers from pursuing…as a class, or group, action” claims that Sears’ Kenmore-brand front-loading washers “don’t clean themselves adequately, leading to mold.” US District Judge Sharon Johnson Coleman had held “that the consumers couldn’t pursue claims… Continue Reading
Starbucks Don’t Share My Tips
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The ABA Journal (11/14, Weiss, 346K) reports the 1st US Circuit Court of Appeals ruled that “baristas who work at Starbucks in Massachusetts are entitled to collect $14.1 million because their tips were shared with supervisors.” According to the court, “the shift supervisors had managerial responsibility, making them ineligible to share in tips under the… Continue Reading
“5-Hour Energy” Drink cited in reports of 13 deaths over last four years.
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The Wall Street Journal (11/15, Esterl, Subscription Publication, 2.08M) reports that the US Food and Drug Administration on Wednesday acknowledged that it has received reports of 13 deaths during the last four years that may be related to the caffeinated energy drink 5-Hour Energy, which is distributed by Living Essentials LLC. According to the Journal,… Continue Reading
Insurance Deductibles & Hurricane (Tropical Storm) Sandy
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The following memo from the insurance industry may be helpful in guiding you. Extreme Events Committee Bulletin #12-41 FROM: Matthew T. Wulf Dennis C. Burke DATE: November 1, 2012 SUBJECT: State Insurance Departments’ View of “Hurricane Deductibles” Related to Sandy Information provided: The status… Continue Reading