Legal News Article Excerpts
Spring 2009
June 2, 2009
New York Times, "Judge Sides With Chrysler on Liability Issue"
In approving the sale of most of Chrysler's assets to a new company run by Fiat over the weekend, Judge Arthur J. Gonzalez also granted the automaker's request that the new company not be held liable for future product-liability problems involving current owners. That means people who own a Chrysler, Dodge or Jeep have lost their right to sue if they are injured by a safety defect. More...
May 23, 2009
Lawyers & Settlements, "Obsolete Emergency Response Drives Mercedes Owners to Court"
The word Mercedes kind of screams out at you – exclusive, prestigious and quality are words that quickly come to mind. However, you can also add lawsuit and consumer fraud as words now connected with the quintessential luxury automobile company. Attorney Jonathan Selbin from the New York firm of Lieff Cabraser Heimann & Bernstein has just turned the ignition on a national class action suit against Mercedes USA, alleging the car company took a lot of people for a ride when it sold them vehicles equipped with soon-to-be-obsolete analogue emergency response systems. More...
May 21, 2009
Wall Street Journal, "Medtronic List Omits Name"
U.S. Sen. Charles Grassley expressed concern that a list of consultants provided to him by Medtronic Inc. doesn't include a doctor accused of falsifying data in a favorable study of the company's Infuse bone-graft product. The medical-device maker has said surgeon Timothy Kuklo was a consultant, but his name isn't included on a list of 22 consultants provided to Sen. Grassley as part of a request for information he made in October.
Read the full article on the Wall Street Journal website.
May 21, 2009
ABC News, "Bankruptcy Battle: Chrysler Plaintiffs Say They Deserve Their Day in Court"
Farbod Nourian can't sit for long periods of time. The recent college graduate can't lift anything heavy. He suffers constant back problems. Nourian says he injured himself a year and a half ago when his cousin's 1996 Chrysler Jeep Grand Cherokee slipped from park into reverse, throwing Nourian, who was walking around the back of the car, onto a concrete garage floor. Nourian says he suffered three ruptured disks, a crushed vertebrae and internal bruising and injuries. Nourian is suing Chrysler and has a November court date. More...
May 20, 2009
ABC News, "Chrysler Bankruptcy: Consumer Groups Object, Say 10 Million Vehicle Owners Will Be Left in the Lurch"
Chrysler car owners will be left in the lurch after the automaker's bankruptcy, consumer groups are charging. On Tuesday evening, a host of consumer groups, along with liability attorneys, filed an objection in bankruptcy court to the Chrysler deal. They say the way the deal is structured, the "new" Chrysler would be absolved of liability for any Chrysler car sold prior to the bankruptcy. So if you own a Chrysler vehicle and have an accident that you believe was caused by a manufacturing defect, you would be out of luck. You could not sue Chrysler for damages, they say. More...
May 2009
ABA Journal, "Spate of lawsuits forces change in not-for-profit hospital billing"
[S]ince [federal judges were unreceptive to uninsured patient' lawsuits for unfair higher prices], many plaintiffs have found their way to state court. There, with friendlier state consumer-fraud statutes, lawyers reached settlements with leading nonprofit hospital systems in more than half a dozen states. Among them are California, Missouri and, most recently, Illinois -- where suits against two major Chicago-area hospital systems settled earlier this year. More...
April 14, 2009
Daily Journal, "Magnetix Magnetic Toys' Legal Troubles Mount"
Although MEGA Brands has twice recalled its popular Magnetix magnetic toys after numerous lawsuits, plaintiffs' attorneys said parents are still suing the company over swallowed magnets. Today, federal regulators will join the fray by making an announcement about the toys, which were blamed for the 2005 death of a 2-year-old. More...
April 11, 2009
The Tennessean (Nashville, Tennessee), "TVA buys 70 properties near site of coal ash spill"
TVA has bought more than 70 properties near the Kingston plant where the coal ash spill happened in December, the agency announced Friday. About $20 million was paid for the total of about 225 acres bought, TVA spokesman Gil Francis said. The purchases run from less than one-quarter acre in size to more than 20 acres. Those just outside the immediate spill area who are asking for help are still in limbo, according to an attorney for several of them. More...
March 25, 2009
Knoxville News Sentinel, "Judge says voice mail evidence preservation order clear; TVA blames antiquated system blamed for lost messages"
An agency accused in a Kingston coal ash avalanche insisted Tuesday it is facing another catastrophe -- a crash of its voice-mail system. "This is a situation where the cost of preserving voice mails … is horrible for TVA because it threatens to bring down these five (voice-mail) systems," attorney Amor A. Esteban argued at a hearing before U.S. Magistrate Judge Bruce Guyton on Tuesday. "The likelihood of finding something that is relevant, that's unique, compared to the cost of bringing down the system is unfair." More...
March 24, 2009
MSNBC, "Oil plagues Sound 20 years after Valdez; Future risk assessments must look at longer impacts, recovery council says"
Twenty years after the Exxon Valdez spilled 11 million gallons of crude oil in Alaska's Prince William Sound, oil persists in the region and, in some places, "is nearly as toxic as it was the first few weeks after the spill," according to the council overseeing restoration efforts. "This Exxon Valdez oil is decreasing at a rate of 0-4 percent per year," the Exxon Valdez Oil Spill Trustee Council stated in a report marking Tuesday's 20th anniversary of the worst oil spill in U.S. waters. "At this rate, the remaining oil will take decades and possibly centuries to disappear entirely." More...
Winter 2008-2009
February 23, 2009
WWII Era Braceros Win Access to Lost Wages
U.S. District Court Judge Charles Breyer granted final approval to a class action settlement providing Mexican farm workers and laborers compensation for funds withheld from their paychecks for work they performed during World War II. The settlement was reached between the Mexican government and the workers, known as braceros, who came to the U.S. to work under a series of international treaties between the U.S. and Mexican governments. "The braceros played a vital role in maintaining our economy and agricultural production during World War II," stated class co-counsel Kelly Dermody of Lieff Cabraser. "The Court's approval of the settlement vindicates the long struggle for justice of the braceros and their families." Learn more...
February 3, 2009
Canadian Court Certifies National Class Action in Dell Notebook Case
Justice Joan Lax of the Ontario Superior Court of Justice certified a national class action on behalf of Canadians who own certain Dell Inspiron notebooks. The plaintiffs charge that Dell Canada Inc. has sold 120,000 Canadian consumers defective notebooks. Joel P. Rochon of Rochon Genova LLP stated, "This decision protects the rights of Canadians to seek compensation through a class action for defective goods even in the face of an arbitration clause." Lieff Cabraser Heimann & Bernstein, LLP, is affiliated with Rochon Genova. Learn more about the Dell Canada case.
January 23, 2009
AP, "TVA memo spins environmental impact of Kingston coal ash disaster"
The massive coal ash spill at a Tennessee Valley Authority power plant last month wasn't so much "catastrophic" as it was a "sudden, accidental release." That's according to a memo obtained by The Associated Press that was prepared by TVA's 50-member public relations staff for briefing news media the day after the disaster at the Kingston Fossil Plant, about 40 miles west of Knoxville. The nation's largest public utility has been accused by environmentalists and affected residents of soft-pedaling the seriousness of the flood of toxin-laden ash that filled inlets of the Emory River and swept away or damaged lakeside homes. More...
January 22, 2009
Law360 (New York), "Surge In FLSA Suits Not Expected To End Soon"
Management-side employment lawyers point to gray areas in the Fair Labor Standards Act and the low threshold for winning conditional certification in collective actions as two reasons why the FLSA litigation boom refuses to die, but plaintiffs lawyers say the law lacks the teeth to give employers an economic incentive to comply. Management-side and plaintiffs employment lawyers don't agree on much, but attorneys in both camps say the volume of new FLSA suits will continue to swell. More...
January 20, 2009
Law360 (New York), "Homeowner Class OK'd In WR Grace Zonolite Asbestos Suit"
A bankruptcy judge has preliminarily approved a class of some 16,000 homeowners who sued W.R. Grace & Co. over exposure to asbestos fibers in the bankrupt home materials maker's Zonolite attic insulation. Judge Judith K. Fitzgerald ruled Friday in the U.S. Bankruptcy Court for the District of Delaware that the proposed settlement, reached in November, is reasonable and should be submitted to class members for comment. A final approval hearing on the matter is set for April 1. More...
January 16, 2009
Legal Groups Charge Proposition 8 Violates California Constitution's Guarantee of Equal Protection
January 16, 2009, San Francisco, CA -- A state ballot measure that changes the California Constitution to deny same sex couples the right to marry violates the document's guarantee of equal protection, 40 bar and legal organizations argued in an amicus brief in the marriage cases before the California Supreme Court. The San Francisco and Los Angeles County bar associations were among the bar and legal organizations that submitted the brief. "Proposition 8 creates the dangerous precedent that the legal and civil rights of minorities, indeed, of any individual or group, could be excised from the California Constitution and the courts would be powerless to reverse such discrimination," stated Elizabeth J. Cabraser of Lieff Cabraser Heimann & Bernstein, LLP, counsel for amici. Learn more...
January 14, 2009
Knoxvillebiz.com, "EPA nominee: Fly-ash regs need to be reviewed"
Two Roane County families sued TVA on Friday in U.S. District Court seeking to force the agency to monitor their health in the wake of the Dec. 22 coal fly ash spill from a retention pond at the Kingston fossil plant. The suit was filed Friday in federal court. The suit names several members of the Giltnane family of Kingston and Rockwood as plaintiffs as well as Ian and Sabrina Cullen of Kingston. More...
January 12, 2009
American Association For Justice Asks New Administration To Reverse Bush "Complete Immunity" Regulations
January 12, 2009, Washington, D.C. -- The American Association for Justice (AAJ) called upon the incoming Obama administration to reverse regulations adopted by the Bush Administration that have given complete immunity to negligent corporations and "preempted" the right of Americans to hold wrongdoers accountable through the civil justice system. To date, seven agencies have issued over 54 regulations with language in the preamble to preempt state tort claims, many times without adhering to notice and comment procedures and directly contrary to Congressional intent. "We look forward to the Obama administration reaffirming the importance of a civil justice system that complements strong regulations," said AAJ Senior Vice President for Public Affairs Linda Lipsen. Learn more...
January 12, 2009
The Giltnane family of Kingston and Rockwood, Tennessee, filed a lawsuit against the Tennessee Valley Authority (TVA) seeking medical monitoring of their families and other families after potential exposure to 1.1 billion gallons of toxic coal ash released when the containment pond failed at the TVA's Kingston Fossil Plant. "This disaster has negatively impacted the residential community and fouled the scenic waterways in the Kingston area, which are a central part of life in the area," stated Elizabeth Alexander, a partner in Lieff Cabraser's Nashville office. "The TVA should account for all the harm it caused by the massive amount of toxic material that spilled." Learn more about the TVA coal spill.
January 10, 2009
The Tennessean, "UPDATE: Second TVA spill reported in Alabama"
TVA is investigating a leak from a gypsum pond at its Widows Creek coal-burning power plant in northeastern Alabama, a spokesman said at about 10:45 a.m. Central Time. The leak, discovered before 6 a.m. has been stopped, according to John Moulton, with the Tennessee Valley Authority. "Some materials flowed into Widows Creek, although most of the leakage remained in the settling pond," he said. More...
January 8, 2009
MSNBC.com, "Senator: Tennessee's Kingston Ash spill shows need for rules"
The federal government, and particularly the Environmental Protection Agency, must adopt standards to prevent future toxic ash spills like the recent billion-gallon disaster in Tennessee, a key Senate Democrat said Thursday. "We need to have standards in place to make certain that coal ash is managed, and disposed of properly," Sen. Barbara Boxer, D-Calif., said at the start of a hearing into the Tennessee spill last month. Some 1,300 containment ponds similar to the one in Tennessee exist across the country, but none are regulated by the federal EPA. When a dike broke Dec. 22 at the Kingston Fossil Plant, some 1.1 billion gallons of sludge was released from a 40-acre settlement pond, blanketing nearly 300 acres in a rural neighborhood up to 9 feet deep in grayish muck and spilling into the Emory River threatening drinking water. More...
January 5, 2009
Lawyers USA, "Suits over AMO contact lens solution move forward"
About 150 lawsuits are moving forward alleging that Complete MoisturePlus contact lens solution causes a nasty eye infection that can require corneal transplants and in some cases result in blindness. The majority of cases have been filed in a coordinated proceeding in state court in Orange County, Calif., where defendants Allergan and Advanced Medical Optics Inc. are headquartered. In one of the first bellweather cases, scheduled for trial on May 4, 2009, 34 year-old plaintiff Kellie Bataglia is alleging that she contracted an acanthamoeba keratitis infection after using the all-in-one Complete MoisturePlus product. More...
January 5, 2009
U.S. District Court Judge Richard H. Kyle found that under the Medical Device Amendments to the Federal Food, Drug and Cosmetic Act, the Food and Drug Administration has exclusive authority to make all decisions as to the safety and effectiveness of medical devices. The Court concluded that Medtronic, Inc., is completely shielded from having to account for severe injuries suffered by patients who received its Sprint Fidelis heart lead, and dismissed all actions against Medtronic. Plaintiffs' Counsel believe the Court erroneously interpreted federal law and intend to file a motion for reconsideration and seek other relief. Learn more about the Medtronic heart lead recall.
January 3, 2009
The Tennessean, "Spilled Kingston coal ash carries poisons in East Tennessee"
The massive coal ash spill in East Tennessee is laced with unhealthy amounts of arsenic, antimony, lead and a brew of other toxic materials and heavy metals, tests show. The Environmental Protection Agency has released results from the first round of tests on the sludge that spilled across 300 acres of Roane County on Dec. 22. The ash that burst out of a retaining pit at the Tennessee Valley Authority's Kingston coal-fired plant spilled five decades' worth of coal dust and chemicals into homes, yards and the local ecosystem. More...
January 1, 2009
Lieff Cabraser Announces New Partners
Lieff Cabraser is proud to announce three new partners with the firm: Jennifer Gross, Lexi J. Hazam and Kent L. Klaudt. Jennifer Gross practices in the areas of Consumer Protection, Mass Tort, Securities and Financial Fraud, and Antitrust litigation in our New York office. At our San Francisco office, Lexi J. Hazam's practice includes Mass Torts, International & Civil Rights Law, and Aviation, while Kent Klaudt's practice areas include Consumer Protection, International & Human Rights, Personal Injury and Product Liability.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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