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In
this issue:
Reports: Obama Considering Curbs on Med-Mal Suits
President Obama may be open to regulations that would limit medical-malpractice lawsuits against doctors, the New York Times reports. The news of the President’s shift from fellow Democrats comes as Obama prepares to meet with officials from the American Medical Association and tries to gain support for an overhaul of the nation’s health care system. It is not the first time Obama has endorsed limiting medical liability. As a senator, Obama backed legislation aimed at curtailing medical malpractice suits. Sheryl Gay Stolberg and Robert Pear, The New York Times 06/15/2009
Bankruptcies Put Brakes on Suits Against Automakers
The bankruptcies of Chrysler Group LLC and General Motors Corp. have thrown scores of injury lawsuits into what one expert called "murkier waters" of the law's treatment of future tort claims. In hopes of preserving consumers’ rights to recover damages, consumer organizations and plaintiff lawyers are petitioning the Supreme Court to preserve current and future product liability claims against Chrysler. However, experts on the issue are sharply divided over whether bankruptcy laws allow for such claims. Marcia Coyle, Law.com 06/15/2009
Study Shows Importance of Safety Gear for Youth Baseball
More than one and a half million youth baseball players have wound up in emergency rooms since 1994, according to statistics published in the June electronic edition of Pediatrics. In the study, researchers found most of the injuries requiring hospitalization involved trauma to the head or face. The authors of the study noted that the use of proper safety gear was particularly important in preventing injuries. Nicholas Baklar, The New York Times 06/08/2009
Ground Zero Worker Wins Fight with Insurer
The New York Workers’ Compensation Board has ordered insurer Zurich North America to pay an ailing worker who was employed at Ground Zero following Sept. 11. Daniel Arrigo developed a severe lung disease after being exposed to toxic dust and vapors he inhaled at Ground Zero, the New York Daily News reports. This was the third time the state workers’ compensation board ruled in favor of Arrigo in his fight to win payment from his employer’s insurer. Heidi Evans, New York Daily News 06/08/2009
Matel Fined for Lead in Toys
The Consumer Product Safety Commission has issued a $2.3 million fine against Mattel Inc. and its Fisher-Price subsidiary for selling toys containing dangers levels of lead. The civil penalty stems from the recall of 21 million Chinese-made toys that were found to be tainted with lead or were otherwise dangerous to children. The fine is estimated to be the largest ever issued against a toymaker. Catherine Dodge and Allison Schwartz, Bloomberg 06/05/2009
Appeals Court Reverses Ruling for Starbucks Workers
A California appeals court on Tuesday threw out a San Diego County Superior Court verdict that awarded more than $100 million to a class of Starbuck’s baristas who claimed they were wrongly forced to share tips with supervisors. In the decision, the California Court of Appeals in San Diego found that state labor laws do not prevent the coffee house from allocating tips to supervisors because they essentially perform the same duties as other workers. Attorneys for the baristas say they will appeal the decision to the state supreme court. Andrea Chang and Jerry Hirsch, LA Times 06/03/2009
Judge Clears Fiat of Liability for Chrysler Vehicles
Chrysler’s new parent company, Fiat, cannot be held liable for injuries caused by previously produced Chrysler, Dodge or Jeep vehicles, a judge ruled over the weekend. Attorneys for the automaker had argued that the company should not be held liable for injuries caused by vehicles it had no role in putting on the road. An attorney representing groups opposed to the motion said he will appeal the ruling. Christopher Jensen, The New York Times 06/02/2009
Expedia Ordered to Pay Damages for Hotel Fees
Internet travel agency Expedia must pay $184 million for charging customers unnecessary services fees, a Washington judge has ruled. In the class-action lawsuit customers alleged that Expedia paid hotel taxes based on a wholesale rate but collected fees based on a retail rate. The award covers customers who booked a hotel through Expedia from mid-February 2003 to mid-December 2006. Amy Martinez, Seattle Times 06/01/2009
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