Archive for 2007

BWC Group Rating System Unfair?

The group rating system used by the Ohio Bureau of Workers' Compensation is the subject of a class-action suit filed by three companies.

FedEx Fined for Violation of Massachusetts Employment Law

FedEx Ground was recently fined over $190,000 by the Massachusetts attorney general for allegedly misclassifying 13 drivers, depriving them of benefits.

Injured Cruise Passengers File Suit over Cruise Liner Incident

Dozens of passengers are filing claims for physical and psychological damages stemming from a 2006 incident in which a Princess cruiseliner dangerously listed to the starboard.

Ohio Excavation Company Accidentally Gives Away Asbestos-Contaminated Dirt

An Athens excavation company was ordered to remove asbestos-contaminated dirt from several local sites after the company gave the material to various private property owners.

Higher Court Sends Case Back to Workers' Comp Court

A high-profile lawsuit was sent back to the state workers' compensation court by the Montana Supreme Court on Tuesday.

Massachusetts High Court: Doctors' Responsibility Goes Beyond His Patients

Massachusetts' highest court ruled Monday that a Brockton doctor who failed to warn a patient about his medication's potential side effects can be sued over the death of a boy involved in an accident with that patient.

Fort Worth Groups Oppose Controversial Asbestos-Removal Technique

A string of worn-down apartments in a Fort Worth neighborhood that is scheduled to be demolished is at the center of an environmental controversy.

Supreme Court Slashes Crack Sentences

The Supreme Court ruled Monday that federal judges can use their own discretion to give shorter sentences to individuals convicted of crack cocaine crimes.

EPA to Test for Uranium Contamination on Navajo Reservation

The Environmental Protection Agency will begin testing the Navajo reservation for contamination after waste from nearby uranium mines have been linked to cancer in those living there, the agency said in a closed meeting last week.

New Details in Investigation of Sick Iron Range Miners

A new Minnesota health report offers new clues into the investigation of taconite miners from the Iron Range who developed a rare asbestos-related cancer.

Popular Christmas Toy Tainted with Asbestos

Just in time for the holidays, one of the biggest selling Christmas toys this year has been found to be laced with asbestos, warned the California-based Asbestos Disease Awareness Organization Thursday.

New Jersey Governor Proposes Shrinking Drug-Free Zones

New Jersey Governor Jon Corzine and an appointed commission on Wednesday pushed for the weakening of drug-free school zone laws around the state in an effort to make current laws more effective.

Paint Plant Worker Awarded $900,000 for Injuries after Chemical Explosion

A Racine, Wisconsin, man who sued the manufacturer of an alleged anti-static chemical bag after suffering second- and third-degree burns to 19 percent of his body during an explosion involving the bag was awarded a $900,000 settlement on the second day of his civil suit.

Landscaper Sues Lawn Mower Manufacturer for Burns

A Cahokia, Wisconsin, man filed suit on Nov. 26 in St. Clair County Circuit Court against the manufacturer, the distributor, and the reseller of a Scag Turf Tiger lawn mower. The man claims that while using the lawn mower, the fuel line became detached, causing a fire that burned him severely.

Company Contends No Bid Workers' Comp Management Contract

A Pittsburgh, PA-based company specializing in workers' compensation solutions recently filed a lawsuit against the state, alleging that it erroneously awarded a contract to a competitor without a bid process.

Demoted Denney Describes Dow Dioxin Data as Deceptive

Priscilla Denney, a Dow engineer, has filed a whistleblower lawsuit in Saginaw County Circuit Court alleging that that she was demoted after raising concerns about Dow data regarding levels of dioxin in Michigan's Tittabawassee River.

Eight Indicted In 'Pump & Dump' Penny Stock Fraud Ring

Eight people in Washington, Utah, and Florida have been indicted by a federal grand jury for their roles in a securities fraud scheme said to have defrauded consumers of over $1.2 million.

New Study Links Roaccutane to Depression and Suicidal Thoughts

A British study released last month indicates that the acne drug Roaccutane may lead to an increased risk of depression and even suicidal behavior.

2 Virginia Prosecutors Awarded $1.38 Million Each in Oxycontin Settlement

The commonwealth's attorneys' offices of Bristol and Tazewell County, Virginia, each received over $1,300,000 on Friday for their roles in helping federal authorities build a successful case against the makers of Oxycontin.

Sheriff's Deputy Granted Second Chance to Recover Back Pay

A Texas sheriff's deputy who appealed a decision denying him back pay for time allegedly spent recovering from a work-related injury was recently granted another trial.

Half of U.S. Doctors Don't Report Medical Mistakes, Study Says

A recent survey indicates that nearly half of American doctors may fail to report medical errors made by their colleagues.

Man Survives 5-Story Fall Aboard Cruise Ship

A man traveling aboard a Norwegian Cruise Line passenger vessel is being treated after falling from the eighth story onto a lower deck.

Illinois Train Collision Injures 5

An Amtrak train carrying 187 passengers collided with a freight train in Chicago on Friday, seriously injuring at least five crew members.

57 Dead after Plane Crash in Turkey

An AtlasJet Airlines MD 83 jetliner has gone down in the mountains of southwest Turkey, killing everyone aboard.

Missouri Supreme Court to Decide Fate of 2005 Workers' Compensation Law

The Missouri Supreme Court on Thursday heard a lawsuit challenging the constitutionality of the state's 2005 workers' compensation law.

New Charges in Monterey Workers' Comp Case

Additional charges have been filed recently against a manager and former manager of Smurfit-Stone Container Enterprises of Salinas, CA who, according to a pending criminal case, allegedly conspired to commit workers' compensation fraud.

Couple Accepts $5.5 Million to Settle Texas Oil Truck Accident Suit

A Michigan couple injured last year when their car was rear-ended by an oil truck on a Texas highway will receive a $5.5 million settlement from the trucking company, their attorney said.

Bars Sued After DUI Causes Crashes

Two West Chester, Pennsylvania auto accidents, one deadly, involving DUI sparked lawsuits alleging that the restaurants that served the drivers alcohol are at least partially responsible for the crashes.

Vaccinations Caused Son's Autism, Says Family

Angela and Rolf Hazlehurst recently testified against the Secretary of Health and Human Services, claiming that vaccinations received during his first year caused their son, Yates, to develop autism.

Tennessee Telecommuters Eligible for Workers' Compensation

According to a recent Tennessee Supreme Court ruling, telecommuters are eligible for worker's compensation benefits for injuries received while working.

Celebrex Suits May Suffer After Judge's Ruling

On Monday, a federal judge ruled to exclude certain experts from testifying on behalf of plaintiffs against the maker of the arthritis drug Celebrex.

Driver of truck in fatal off-road accident sentenced to 30 days

The family of a Bakersfield man who was killed last year when the ATV he was riding in a popular California desert recreation area was hit by a truck was disgusted when a judge sentenced the driver of the truck to 30 days in jail.

Utah Boy Clubbed with Baseball Bat Awarded $6.7M in Damages

A Provo, Utah boy, whose family sued a sports tournament organizer alleging negligence in a case where the 7-year-old received a traumatic brain injury after being accidentally struck in the head by a batter taking a warm-up swing while returning a foul ball to the playing field in 2004, was awarded $6.7 million when the company was found to be 92.5 percent responsible for the boy’s injuries.

Verizon Sued Over Former Nuclear Fuel Plant

Employees of a magazine distribution company will file a class action suit today in State Supreme Court in Brooklyn against Verizon Communications, Inc. claiming negligence which resulted in exposure to toxic chemicals, according to attorneys.

Fired Investment Centers of America Adviser Pleads Guilty to Fraud Charges

Former Investment Centers of America investment adviser representative Mark Leon Henry, 37, pleaded guilty to federal securities fraud and tax fraud charges in U.S. District Court in Springfield, Missouri on Tuesday.

Former University of Kentucky Professor & Auditor Files Whistleblower Suit

Dan Ross, a former accounting professor and internal auditor at the University of Kentucky, has filed suit against the school, claiming he was fired after reporting suspected violations following an internal audit of school finances.

Popcorn Lung Victims Receive Favorable Ruling from New York Appeals Court

A New York appeals court recently ruled that the supplier of a buttery flavoring used in microwave popcorn must pay at least $50,000 for each successful claim filed by injured workers at a Missouri popcorn plant.

Arizona Man Charged with Defrauding over 200 out of $20M

Owen A. Vilan has been indicted by a Maricopa County Superior Court grand jury and charged with fraud, theft, securities fraud, and the sale of unregistered securities and transactions by an unregistered dealer.

TSA Chief Says Screeners Need Whistleblower Protection, Denies Tipping Screeners about Testing

Speaking Wednesday before the House Homeland Security Committee, U.S. Transportation Security Administration head Kip Hawley said he will take action to extend federal whistleblower protection to the nation's airport checkpoint and baggage screeners.

Cayuga County Slammed with Fourth Asbestos Lawsuit

A fourth asbestos lawsuit was filed against Cayuga County earlier this month, the latest in a string of complaints involving the improper removal of asbestos from the county Board of Elections building last year.

Environmentalists at War with Feds Over Suisun Bay Pollution

Environmentalists sued the U.S. Maritime Administration late last month in a U.S. District Court in Sacramento over what has long been considered an environmental time bomb ticking away in the calm waters of Suisun Bay.

Legislation that Bans Asbestos is Watered-Down, Backers Say

A bill passed in October that was supposed to ban all products containing asbestos in the country has taken on a new, watered-down meaning, according to activists of the original legislation.

Man Pulled Over on Suspicion of DWI Sues Over Police Brutality

On Oct. 30, a Sacramento man arrested two years earlier on suspicion of driving while intoxicated testified that he was wrongfully brutalized by Sacramento police.

Rice Cooker Manufacturer Sued over House Fire that Killed 3 Children

Osaka, Japan-based Tiger Corp. was sued for negligence, product liability and strict liability, and breach of warranty in connection to a defective rice cooker that allegedly sparked a house fire that claimed that claimed the lives of three elementary school-aged children in Sioux Falls, Minnesota in 2004.

Ex-RenaissanceRe Holdings Executive Settles with SEC over Fraud Charges

Former RenaissanceRe Holdings Ltd. executive Michael W. Cash has agreed to pay a $130,000 fine in order to settle securities fraud charges brought against him by the U.S. Securities and Exchange Commission.

Former Safety-Kleen CFO Sentenced To 70 Months in Prison for Securities Fraud

Paul Humphreys, the former chief financial officer of Plano, Texas-based Safety-Kleen Systems, Inc. was sentenced to five years and 10 months in a federal prison for his role in artificially inflating the company's earning reports.

OSHA Opens Investigation into Wal-Mart Whistleblower's Claims

The Labor Dept.'s Occupational Safety & Health Administration (OSHA) has agreed to look into claims made by Wal-Mart employee Chalace Lowry, who alleges she suffered retaliatory treatment after reporting suspicious activities within the company.

AT&T Whistleblower Tells Congress of Domestic Internet Wiretapping by NSA

Former AT&T technician Mark Klein visited Capitol Hill last week in an attempt to convince the Senate and House Judiciary Committees not to grant retroactive immunity from eavesdropping lawsuits to telecommunications providers.

New Hampshire Woman Sues Hospital for Negligence over Fall

A Belmont, New Hampshire woman is suing Concord Hospital, claiming medical negligence in a case stemming from a 2005 incident where alleged failures in patient evaluation and supervision led to a fall which caused her to suffer a traumatic head injury.

Parents Sue When State Seizes Their Baby

On Oct. 11, Sheriff’s deputies entered the Omaha home of Mary and Josue Anaya to seize their 6-week-old baby against their will for blood testing. The couple sued health officials, believing their rights were violated.

San Francisco Bay Area Motorcyclist Awarded $2.2 Million in Accident Settlement

A motorcyclist who was injured last year when he collided with a mini van in Marin County near San Francisco has reached a $2.2 million settlement with the driver of the vehicle, his attorney said.

Vioxx Maker to Pay $4.85 Billion Settlement

The maker of Vioxx announced Friday it will pay $4.85 billion to settle thousands of lawsuits claiming that the drug caused stroke and heart failure in many users.

3 Women Awarded Additional $99 Million in Lawsuit against Pharmaceutical Company

A Reno jury recently ruled in favor of three Nevada women who claim hormone replacement drugs gave them breast cancer.

Scientists Link Shipping Pollution to Lung Cancer, Deaths

A new study released this month blames maritime industry pollution for more than 60,000 lung cancer- and cardiopulmonary-related deaths around the world each year, with almost 9,000 of them occurring in North America alone.

Light Up and Pay More for Health Insurance in Hall County

Starting in 2008, Hall County employees may find themselves paying more for health insurance if they don't kick their smoking habit.

Pot Becomes Lowest Priority for Denver Law Enforcement

Denver voters passed a measure Tuesday to make marijuana the lowest priority for law enforcement officers.

Federal Sentencing Guidelines End Cocaine Disparities

New guidelines implemented at the beginning of November to made crack offense prison terms more lenient have equalized the once disparate sentences between crack offenders and their powdered cocaine-offending counterparts.

Burned West Virginia Man Seeks $40 Million in Suit against Police

A man who suffered burns after being Tasered and pepper sprayed simultaneously during an arrest by police filed a lawsuit against several parties seeking $40 million in damages in US District Court on October 23.

Tyson Foods Ordered to Pay $8.5 Million for Fatal Truck Wreck

Tyson Foods must pay $7 million in damages plus $1.5 million in interest stemming from a fatal 2004 traffic accident caused by one of its truck drivers, a judge has ruled.

New Jersey Doctor Wins Battle against Health Insurer

A New Jersey Superior Court ruled last month that the state's largest health insurer breached its contract with a cardiologist by dismissing him as a participating physician with the company.

Man Sues Cop for False DUI Arrest

A man arrested last summer and charged with DUI has sued a Chicago police officer who was disciplined this month for breaking protocol in handling DUI stops.

Former Executives for US Military Body Armor Supplier Charged With Fraud

Former DHB Industries Inc. chairman and chief executive officer David Brooks and former chief operating officer Sandra Hatfield have been charged with 21 counts of securities fraud, insider trading, tax evasion and other offenses.

Lab Mix-Up Leads to Double Mastectomy; Lawsuit Filed

A woman who underwent a double mastectomy due to a mistaken cancer diagnosis has filed a lawsuit against a New York medical lab.

Jury Selection Begins in New Jersey Truck Accident Trial

The jury trial of a New Jersey truck driver charged with criminal homicide for his role in a 2004 fatal traffic accident begins this week, officials said.

Motorcyclist Awarded $10 Million in Truck Accident Lawsuit

A jury in Warren County, New York, has awarded a record $10.1 million to a man who lost his arm in a motorcycle accident with a UPS truck two years ago.

Homeland Security Committee Approves Cruise Ship Bill

The Homeland Security Committee earlier this month approved language in the Coast Guard Authorization Act requiring the government to be notified of cruise ship incidents involving passenger injury or death.

Big-Rig Accident Kills Two in Malibu

A 16-wheel dump truck loaded with gravel lost control and slammed into cars along the Pacific Coast Highway in Malibu on Oct. 25, killing the truck driver and another motorist, officials said.

$3 Million-Plus Settlement Reached in Fatal Truck Accident Case

The relatives of seven people killed or injured in a 2004 truck accident in Sherman, Texas, have reached a settlement worth more than $3 million with the truck driver and his employer, an attorney said last week.

Vioxx Users Argue for Medical Monitoring

The New Jersey Supreme Court will hear arguments today regarding a proposed class-action lawsuit concerning patients who took the arthritis drug Vioxx before it was recalled from shelves in September 2004.

Trial Starts for Medical Malpractice Suit over Alleged Misdiagnosis

A retired auto mechanic from Bethalto, Illinois, has filed a medical malpractice suit against a doctor who he says failed to properly diagnose a stroke that left him with severe long-term brain damage.

Jury Ready to Issue Verdict in Wrongful Death Case

A jury in Boca Raton, Florida, is expected to reconvene in court today to decide the outcome of a medical malpractice lawsuit filed by the husband of a woman who died shortly after childbirth.

Lawsuit Settlement Requires School to Follow Americans with Disabilities Act

The parents of a disabled Oklahoma teenager have settled their lawsuit against the Lawton Public School District. Their suit claimed that their son's high school lacks adequate accessibility for handicapped individuals.

New Jersey Congressman Rebukes TSA Head over Insufficient Airport Whistleblower Protection

Rep. William Pascrell criticized the head of the Transportation Security Administration during a hearing Tuesday for being unfamiliar with several cases in which TSA employees suffered retaliatory treatment after reporting airport security problems.

Family of Brain-Injured Child Receives $26.5 Million in Malpractice Suit

A family from Brockton, Massachusetts, on Thursday received one of the largest medical malpractice settlements in the history of the state.

Police Officer Drops Lawsuit amid Public Outrage

A Casselberry, Florida, police sergeant has filed a formal notice of dismissal in the slip-and-fall lawsuit she brought against the family of a severely brain-injured toddler.