Archive for November, 2006

Former Tyco Company Exec Sentenced in Tax Fraud Case

On Wednesday, Raymond Scott Stevenson was sentenced to serve three years in prison for his failure to report more than $170 million of Tyco’s income to the IRS.

$25 Million Awarded in Asbestos Case

Alfred D’Ulisses, a former Brooklyn factory worker, has been awarded $25 million by a Manhattan jury for injuries caused by the asbestos he was exposed to 40 years ago.

British Airways Grounds Three Planes after Possible Radioactive Contamination

Low traces of radiation have been found on two British Airways jetliners, and a third is being tested following the suspicious death of a former Russian spy.

Supreme Court Debates Complex Employment Discrimination Case

The Supreme Court is debating how to apply the statute of limitations for pay cases to a situation in which the original discriminatory act transpired years ago, though the victim continues to suffer for it.

Debate Rages on Age Restrictions for ATV Use

Across the United States and Canada, child ATV deaths and injuries have prompted some local governments to enact ATV age restrictions, and many other governments and organizations are debating the issue.

Katrina Flood Damage Lawsuit Gets Federal Judge's Nod to Proceed

NEW ORLEANS – U.S. District Court Judge Stanwood Duval Jr. ruled Nov. 27 that a lawsuit seeking compensation from insurers for damages caused by Hurricane Katrina's flooding can proceed because of ambiguous policy language.

California Man Convicted of Mail Fraud

Donald “Mitch” Shively, from the Sacramento area, submitted a guilty plea to one count of mail fraud, and was sentenced to serve 70 months in a federal prison.

U.S. Closes Record-Breaking Financial Year for False Claims Recoveries

During the 2006 fiscal year that ended Sept. 30, the U.S. government made record-breaking recoveries in the form of compensation for fraud.

Hedge Fund Manager Wanted for Arrest

On Monday, a federal judge ordered the arrest of John Kim, portfolio manager of KL Group, a collapsed West Palm Beach hedge fund.

Wrongful Death Lawsuit Against Kansas City Hospital Reaches Undisclosed Settlement

The family of Jake Clough, 15, who died in March 2005 at Children's Mercy Hospital in Kansas City, Kansas has settled their lawsuit against the hospital. The details of the settlement have not been provided.

36 Dead After Plane Crash in Iran

30 members of the Revolutionary Guards, an elite unit of the Iranian military, were killed along with six crew members when their plane crashed at an airport in Tehran Monday.

Massachusetts to File Lawsuit against Big Dig Contractors

In July 2006, a partial ceiling collapse in Boston's Big Dig highway tunnel killed a woman. The attorney general announced Massachusetts will file a civil lawsuit against several companies involved in the tunnel's construction.

DuPont Accepts New PFOA Standards Proposed by EPA

Last week, DuPont Co. reached an agreement with the U.S. Environmental Protection Agency that temporarily requires the global business giant to meet a much tougher standard for regulating the chemical used to make Teflon.

Connecticut Jury Awards Almost $2.6 Million for Erb’s Palsy Birth Injury

A Hartford, Connecticut Superior Court jury awarded a verdict of almost $2.6 million in a medical malpractice case involving a four-year-old Windsor boy suffering from Erb’s palsy that was caused by an injury during birth.

$8 Million Settlement Reached in Kings County Birth Injury Case

The parents of a baby who suffered brain damage during a delayed and traumatic birth due to dismissed warnings during labor will receive an $8 million settlement for the medical staff’s negligent actions.

Michigan Couple Awarded $15.8 Million for Son’s Cerebral Palsy

A Monroe, Michigan couple has been awarded $15.8 million for their baby son, who developed cerebral palsy as the result of an error that occurred during the last stages of labor.

Federal Government to Pay $16.5 Million to Family of Brain-Damaged Baby

The federal government will pay the family of a brain damaged baby $16.5 million for a hospital mistake that resulted in the newborn receiving carbon dioxide instead of oxygen for over 40 minutes.

Federal Judge Rules Couple Can Sue Insurance Agent for Negligence

GULFPORT, Mississippi – U.S. District Court Judge L.T. Senter Jr. ruled Nov. 13 that an Ocean Springs couple's negligence suit can proceed against their insurance agent for allowing their flood insurance policy to lapse.

California Woman Awarded $36 Million for Injuries in Tractor-Trailer Collision

Chino Hills, California, resident Kelleigh Falcon, 25, was riding in the front seat of a Ford Taurus in October 2003 when an 18-wheel tractor trailer pulled out in front of the car, which then went underneath the trailer.

Appeals Court Affirms Rights to Exclusive Sales of Generic Zocor

The U.S. Court of Appeals for the District of Columbia on Nov. 14 upheld a district court's ruling that gave Teva Pharmaceutical Industries Ltd. and Ranbaxy Laboratories Ltd. exclusive rights to sell generic forms of Zocor.

Former Software Executive Sentenced to 12 Years in Fraud Case

Sanjay Kumar, former CEO of Computer Associates International Inc., was sentenced to 12 years and given a fine of $8 million after pleading guilty to obstruction of justice, making false statements, and securities fraud.

Securities and Exchange Commission Rules against San Diego

The Securities and Exchange Commission ruled Tuesday that the city of San Diego committed securities fraud by failing to disclose pension fund deficits in 2002 and 2003 bond sales.

Mississippi Asks for Suspension of Suit against Katrina Whistleblower Sisters

Mississippi State officials are asking a judge to drop a lawsuit against two sisters who blew the whistle on a State Farm Insurance manager for allegedly attempting to alter records in order to deny policyholders' claims.

Cook County Whistleblower Fights to Get Job Back

A former forest preserve district worker has been fighting for three years to regain his job after accusing county officials of maintaining a fleet of portable toilets for use solely at an annual picnic.

Arizona Woman Dies in ATV Rollover Accident

On Wednesday evening, Oct. 25, a Tonto Village woman lost control of the ATV she was operating on a dirt trail in Rim County and was killed.

Can Your Car Be Used against You in a Court of Law?

Much like airplanes are equipped with black boxes, most new model cars come factory equipped with Event Data Recorders (EDRs), technology that can actually allow your car to testify against you in court.

A Look at Commercial Truck Drivers

In 2002, Pamela Nielson of Wise County, Texas, sued Aggregate Haulers Inc. after being seriously injured two years earlier when she was forced off the highway by one of the company’s 18-wheel rock trucks.

Quebec Judge Clears Way for Class-Action Suit against Merck

Quebec has become the first North American jurisdiction to allow a consumer class-action lawsuit against the maligned pharmaceutical company.

Study Shows New Ventilation Systems May Pose Health Risk

A recent study shows that state-of-the-art ventilation systems used to remove smoke from restaurants and bars do not eliminate dangerous carcinogens and soot and may even increase their presence in nonsmoking areas.

Traumatic Brain Injury Victim Awarded $860,000 by Ohio Jury

An Ohio jury recently awarded $860,000 to a 22-year-old mother of two who was hit head-on by a Time Warner cable van as she was driving in rural Madison Township in May 2004.

Florida Woman Sentenced to 45 Years for Deadly DUI Crash

A Florida woman was recently sentenced to 45 years in prison for DUI manslaughter, fleeing police, and violating her probation.

Oil Giant BP Agrees to Settle Texas Refinery Gas Explosion Suit

The March 2005 explosion killed James and Linda Rowe and led to more than 1,300 lawsuits. The Rowe's daughter Eva Rowe refused to settle her lawsuit until BP agreed to change their safety procedures.

San Diego Firm Wins $22.4 Million Judgment for Fresno Schools

San Diego law firm Lucas & Haverkamp has won a $22.4 million judgment for the Fresno Unified School District from Coregis Insurance Co. for its denial of a discrimination claim.

New York Contractor Arrested for Allegedly Exposing Community to Asbestos

A Syracuse contractor responsible for asbestos removal at a building in De Witt has been accused of letting the cancer-causing substance leak into the city’s sewers, contaminate construction debris, and float freely outside the building.

Woman Ordered to Rehabilitation in Drug Case

After pleading guilty to two drug-related felonies, a Steubenville, Ohio, woman has been granted her motion for intervention instead of conviction.

Woman Avoids Jail Time on Drug Charge, Receives Treatment

After being charged with buying heroin for an undercover police officer, a Rutland, Vermont, woman has avoided jail time and will instead attend a substance abuse treatment program.

Multiple Lawsuits Filed over Alleged Asbestos Exposure

Four lawsuits were recently filed in Kanawha Circuit Court in West Virginia claiming the plaintiffs or their loved ones were injured or killed as a result of asbestos exposure.

Massachusetts Woman Lobbying for Change in State’s Environmental Protection Laws

Marilyn McMillan spent two years believing that her chronic migraines were being caused by the stress of running her own business. Then she learned the truth.

Second Suit Filed over Brazil Plane Crash

A United States law firm has filed a suit alleging pilot negligence and defectively designed equipment contributed to the September crash of a Gol Airlines flight in the jungles of Brazil.

Family of Boy Killed by Truck Agrees to $2 Million Settlement

The family of a 9-year-old boy who was fatally run over by a flatbed tractor-trailer recently agreed to a settlement worth a little over $2 million with the truck driver and his employer.

Lawsuit Filed over Taser-Related Death in Northern California

A wrongful death and civil rights lawsuit has been filed by the family of Jaime Teran Coronel, a man who died in Jan. 2006 after police stunned him with a Taser.

Nutraquest Plan for Exiting Ephedra-Related Bankruptcy Approved

Chief U.S. District Judge Garrett Brown in Trenton, New Jersey, on Nov. 3 approved diet drug maker Nutraquest's bid to emerge from Chapter 11 bankruptcy protection forced three years earlier by multiple ephedra-related lawsuits.

Eleven Million Bottles of Over-the-Counter Pain Reliever Recalled

The FDA and Perrigo Co. announced the recall of 11 million bottles of acetaminophen due to possible metal fragments in the pills. The product is sold by Wal-Mart, Safeway, CVS, and over 100 other retailers.

More Complainants Come Forward in Davison Fraud Case

The Montana State Auditor’s office has added two more people to the growing list of investors allegedly defrauded by former Republican gubernatorial candidate Pat Davison.

HMO Sued For Inadequate Coverage of Anorexia Treatment

On Wednesday a New Jersey couple filed suit against Hartford, Connecticut-based Aetna Inc., accusing the HMO of refusing to fully cover their daughter’s inpatient anorexia treatments.

Florida Lipitor Conspirator Pleads Guilty in Kansas City District Court

Florida resident Michael Allyn Carlow pleaded guilty Nov. 3 in Kansas City, Missouri, before U.S. District Judge Ortrie Smith for his role in a massive $42 million scheme to sell illegally imported and counterfeit Lipitor.

Oops ... I Did it Again - Spears Files for Divorce

Britney Spears filed for divorce from former backup dancer Kevin Federline Tuesday in Los Angeles County Superior Court.

Teen Given Seven-Year Sentence for Fatal DUI Hit-and-Run

A San Diego teen was sentenced Monday to seven years in state prison for killing a University of San Diego law student while driving drunk.

Metal Yard Worker Sues over Chemical Exposure

A former employee of Twin Cities Metal in Kennewick, Washington, has filed suit against a company he says sent an electrical transformer for recycling without first draining it of contaminated oil.

Jury Awards $5.5 Million in Asbestos Exposure Suit

A jury verdict of $5.5 million has been awarded in a lawsuit alleging numerous companies hid the risks of asbestos exposure from an Illinois man who worked with their products containing the substance.

$10 Million Wrongful Death Suit Brings Employment Issues into Play

The former employer of a suspected killer is being sued for allegedly failing to use reasonable care in selecting and retaining employees.

Sheriff, Officers Charged with Selling Confiscated Drugs

A sheriff and 12 current and former officers in a rural Virginia county that suffered economic depression after its textile industry went bust have been charged in a scheme to sell seized drugs back to the community.

Family of Truck Accident Victim to Receive $1 Million

The family of an Ohio man who was killed in an accident with a tractor-trailer has agreed to a $1 million wrongful death settlement with the truck driver, his employer, and the truck's owner.

Man Sentenced to 12 Years after Fifth DUI

In Litchfield, Connecticut, on Friday, a New Milford man was sentenced to 12 years in prison for his fifth DUI conviction, which he incurred after serving a prison sentence for killing a woman in a previous DUI incident.

NTSB Says Wind Contributed to Cory Lidle’s Plane Crash

The National Transportation Safety Board has cited a light wind as a contributing factor in the crash of a small plane carrying Yankees pitcher Cory Lidle last month.

Georgia Insurance Commissioner Fines Blue Cross and Blue Shield $600,000

Georgia Insurance Commissioner John Oxendine has levied a $600,000 fine against Blue Cross and Blue Shield for state insurance code violations that include the company's refusal to offer insurance price quotes to some small businesses.

New Report from Georgia Links Treatment Plant, Illnesses in Fulton County

Georgia’s Department of Human Resources has reported that a recent survey of south Fulton County communities finds the symptoms of nearly 600 residents to be consistent with exposure to propyl mercaptan, a toxic substance found in crop pesticides.

New Trial Possible for Cousins Facing Drug Charges

Two cousins from Aurora, Illinois, may receive a new trial after the state Supreme Court sent their drug case back to Kane County.

Drug Case Focuses on Possibility of Illegal Search

The Missouri Supreme Court is considering the validity of a police search that turned up 66 pounds of marijuana in a Swedish foot model's car.

California Judge, Two Other Court Employees File Asbestos Lawsuits

Judge Albert Maldonado, his former bailiff, and a courthouse maintenance worker have filed lawsuits claiming they were injured from exposure to asbestos and other toxic materials during renovation of the Salinas, California, courthouse where they work.

Family Receives $2 Million in Toxic Mold Lawsuit

The Matthews family, of Ridgeland, Mississippi, has been awarded more than $2 million in compensation for medical expenses and other costs stemming from the toxic mold infestation of their former residence.

HMO Slammed With $144 Million Penalty in Discrimination Suit

On Monday, a Chicago federal jury ordered Amerigroup Corp. to pay $48 million in damages for discriminating against pregnant women and other Medicaid-eligible applicants. The amount was automatically tripled under the federal False Claims Act.

Many Nursing Home Mistakes Go Undetected, Study Says

A study conducted by University of Missouri-Columbia researchers suggests that nursing home leaders are aware of less than 5 percent of medication errors that go on in nursing homes.