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April 2015 Archives

Class Action Lawsuit Filed In Air Canada Crash

Passengers on an Air Canada flight 624, which crash-landed at Halifax Stanfield International Airport on March 29, have initiated a class action lawsuit.

Halifax law firm Wagners filed the papers with the Supreme Court of Nova Scotia on Tuesday. At least one other law firm has indicated they plan to file a similar suit. [caption id="attachment_1180" align="alignright" width="300"]

Judge Disqualifies Attorney In Business Dispute On Conflict Of Interest Grounds

Defense attorney in business lawsuit has been dismissed by judge on grounds of conflict of interest, due to conflict between individual defendant and corporate codefendant.

Ruling earlier this month in Tricarico v. Baer, 31988-2013, Justice Emily Pines of the Suffolk County Commerical Division, found a conflict existed between an individual defendant and a corporate codefendant, where the attorney for the individual represents the corporate entity in a simultaneous unconnected tort lawsuit.

Takeda Nears Global Settlement In Actos Bladder Cancer Lawsuits

Takeda Pharmaceutical's impending global settlement in Actos bladder cancer lawsuits would be the first in four years of litigation over the diabetes drug.

According to confidential sources and as reported in today's Bloomberg News, Takeda Pharmaceutical Co. has indicated that it will pay more than $2.3 billion to settle the pending Actos lawsuits over bladder cancer claims. Asia's largest drugmaker tentatively agrees to settle more than 8,000   Actos bladder cancer lawsuits in federal and state courts in the U.S.

Status Conference In $5 Million Legal Malpractice Lawsuit Set For June

A status conference in a legal malpractice lawsuit filed by an Illinois woman against her attorneys in a cruise ship workplace injury suit has been scheduled by Judge Randall Kelley for June 3.

Robin Lynne Reinhardt filed her lawsuit on Dec. 19 against attorneys Rodney Thompson and Alvin Paulson and their law firm Becker, Paulson, Hoerner and Thompson in Belleville, IL.

Status Conference Set In $5 Million Malpractice Lawsuit Against Attorneys In On-The-Job Injury Lawsuit

A status conference in a malpractice lawsuit filed by an Illinois woman against attorneys who represented her in an on-the-job injury lawsuit has been scheduled by Judge Randall Kelley for June 3.

Robin Lynne Reinhardt filed her lawsuit on Dec. 19 against attorneys Rodney Thompson and Alvin Paulson and their law firm Becker, Paulson, Hoerner and Thompson in Belleville, IL. Paulson left the firm last year and it has since been renamed Becker, Hoerner, Thompson and Ysursa. According to the complaint, Reinhardt claims she hired the defendants to represent her in an on-the-job injury lawsuit  she intended to file against a passenger cruise ship on which she allegedly sustained injuries while working in September 1996. She claims the defendants failed to conduct an accurate investigation into Reinhardt's injuries and into her employer, the legal malpractice lawsuit states. "But for defendants' negligence, lack of due diligence, failure to meet the prevailing standard of care and failure to perform as an attorney knowledgeable on Jones Act issues, plaintiff would not have lost her Jones Act negligence claim against her former employer and would have been entitled to damages including all remedies which the Jones Act negligence complaint against her employer would have afforded her," the complaint alleges. The plaintiff seeks compensatory damages, plus economic damages of at least $3.75 million, plus $1.25 million for past pain and suffering and costs. The defendants filed a motion for extension of time to answer the complaint on March 20 through attorney Michael J. Nester of Donovan Rose Nester. Kelley granted their request on April 22. The plaintiff is appearing pro se in the case. Originally posted by Heather Isringhausen Gvillo  on On-The-Job Injury Lawsuit - Ball & Bonholtzer Trial Attorney - Los Angeles

Breaches Of Fiduciary Duty Investigated In Capgemini Purchase Of iGate

A law firm has announced they will investigate the iGate board of directors for possible breaches of fiduciary duty to shareholders surrounding their agreement to be purchased by Capgemini which potentially undervalues the company.

French company Capgemini announced yesterday that they will purchase New Jersey-based iGATE for $4 billion.

San Diego May Finalize Police Encounter Personal Injury Lawsuits

Two legal settlements totaling $1.56 million may be finalized by the San Diego City Council following votes to settle two personal injury lawsuits involving encounters with then-San Diego police officers.

One item involves a lawsuit filed by three women who claimed they were sexually abused during interactions with former Officer Christopher Hays in 2012. According to city documents, the City Council voted in closed session last month to settle the personal injury lawsuits: with one plaintiff for $1.25 million and another for $60,000. Hays pleaded guilty last August to to false imprisonment and misdemeanor counts of assault and battery under the color of authority by a peace officer and was sentenced to one year behind bars. Three women testified in his criminal case that they were groped and forced to perform inappropriate acts after being contacted and searched by the four-year SDPD veteran, who resigned the day after he was charged in February 2014. A fourth woman also said Hays groped her after her arrest for shoplifting. One of the women told a judge she has trouble sleeping in her own bed after Hays followed her to her apartment and had her expose her breasts and told her to touch his groin. She called him "a disgrace to the uniform" during a court hearing. Deputy District Attorney Annette Irving said Hays was banking on the notion that his victims would never tell what he did to them. At his sentencing, Hays apologized to the victims and his family for any pain he caused, saying "It's not something I'm very proud of." In the other case, a woman sued following a Feb. 4, 2013, encounter with ex-Officer Donald Moncrief. The council gave tentative approval last month to a $250,000 settlement with the woman. She alleged that Moncrief, who patrolled South Bay communities, groped her and exposed himself after arresting her in 2013. He was not charged with any crimes, though he was placed on leave and eventually left the SDPD. Originally posted by Debbie L. Sklar on Personal Injury Lawsuits - Ball & Bonholtzer Trial Attorney - Los Angeles

Xarelto Wrongful Death Lawsuit Filed By Son On Father's Behalf

A Tennessee man has filed a Xarelto wrongful death lawsuit, claiming his father's death resulted from using the drug.

On March 20, 2015, Danny Julian filed a Xarelto wrongful death lawsuit on behalf of his father, Tommy Julien. The Plaintiff claims that his father died after using the anticoagulant drug. He names manufacturers Bayer Healthcare Pharmaceuticals, Janssen Pharmaceuticals, and parent company Johnson & Johnson as Defendants, and seeks in excess of $75,000 in damages. The case joins the current MDL proceeding in the Eastern District of Louisiana. Patient Dies of Xarelto Internal Bleeding According to the Complaint, Tommy Julien began taking Xarelto around November 13, 2012. His doctor prescribed it for him to help reduce his risk of stroke, as he had non-valvular atrial fibrillation, which naturally increases the risk of stroke. The FDA approved Xarelto for the treatment of patients with non-valvular atrial fibrillation on November 4, 2011. This was after they had already approved it in July 2011 to help reduce the risk of blood clots in patients who had gone through knee or hip replacement surgery. At the time, the manufacturers advertised the drug as being the only once-a-day prescription blood thinner that could reduce the risk of stroke without routine blood monitoring, such as what is required in patients using warfarin--the leading anticoagulant for decades. On March 27, 2013, only a few months after he started taking Xarelto, Mr. Julien suffered from internal bleeding. This bleeding could not be stopped and he later died of his injuries on March 29, 2013. Defendants Failed to Warn About Serious Xarelto Side Effects The Plaintiff states that had the Defendants warned about the risks of using Xarelto, Tommy Julien would have never have taken it. He notes that the boxed warning on the drug did not address the risk for serious and fatal bleeding, despite the fact that during early clinical trials, Xarelto caused more gastrointestinal bleeds than warfarin. Plaintiffs taking Xarelto also required more blood transfusions than patients taking warfarin. The Plaintiff adds that the Defendants failed to warn about the lack of an adequate antidote to reverse cases of uncontrolled bleeding caused by Xarelto. Whereas patients taking warfarin may be treated with injections of vitamin K, there is no such remedy for Xarelto bleeding, which can make it more serious and potentially deadly. "Defendants merely indicated that there was a risk for bleeding," the Plaintiffs states in his Complaint, "and side-stepped the important issue of reversing the effects of Xarelto should a bleed occur." Plaintiff Seeks Punitive Damages Plaintiff brings counts of failure to warn, design defect, negligence, negligent design, negligent misrepresentation, breach of warranties, fraud, violation of consumer protection laws, and wrongful death. He seeks compensatory and punitive damages. Currently, about 300 similar lawsuits are pending in the Xarelto MDL, with U.S. District Judge Eldon E. Fallon presiding. Originally posted by Roopal Luhana on Xarelto Wrongful Death Lawsuit - Ball & Bonholtzer Trial Attorney - Los Angeles

Judge Rules GM Can Not Be Held Liable For Faulty Ignition Switch Claims

General Motors received a multi-billion dollar reprieve from a federal judge who ruled the company is not liable for hundreds injury and death claims related to its faulty ignition switch prior to bankruptcy.

According to Judge Robert Gerber, GM's government-overseen bankruptcy and reorganization in 2009 shields it from liability for actions the company had made previously, despite claims by the families of people injured or killed by the ignitions that GM had been misleading the court at that time about the ignition-switch woes in older, smaller cars.

Women Sues Firms And Lawyers For Negligence And Breach Of Fiduciary Duty

A Mississippi woman who claims her lawyers missed a deadline in filing her product liability suit has filed a negligence and breach of fiduciary duty suit against three Texas attorneys and firms. 

Crystal Lynn Starling alleges in a petition she filed in the 55th District Court in Harris County on April 14: "In short, various 'Super Lawyers' who claim to have experience in 'bad drug' litigation allowed the statute of limitations on plaintiff's underlying claim to lapse, thereby forever barring plaintiff from receiving compensation for the serious injuries that she suffered as a result of the defective Mirena IUD."

Over 1,000 Cases in MDL For Testosterone Replacement Therapy Lawsuits

Bellwether trial dates may be postposed due to increasing number of testosterone replacement therapy lawsuits in MDL (Multi-District Litigation).

The U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized all federal testosterone replacement therapy lawsuits in the Northern District of Illinois in June 2014. District Judge Matthew Kennelly was appointed to oversee the proceedings. Today, there are about 1,100 cases pending in the MDL, with over 700 involving claims against AbbVie, the manufacturers of AndroGel. Plaintiffs involved in litigation have similar claims about testosterone replacement drugs, stating that after taking them, they suffered some sort of cardiovascular event, including heart attacks and strokes. They add that the manufacturers didn't do enough to warn doctors and the public about the potential risks, and that their advertisements for the products way overstated the benefits while concealing the potential side effects.

Legal Malpractice Suit Claims Duane Morris Partners' Own Company Collected Client Fees

A legal malpractice suit alleges Duane Morris corporate practice chief George Nemphos and corporate partner Jay Cohen instructed the plaintiff to pay retainer fees to a company they created. Morris and Nemphos have resigned.

The $10 million legal malpractice suit by Angela Singleton, the inventor of a high heel shoe insert, alleges Nemphos and Cohen told her to stop paying monthly retainer fees of $6,500 to Duane Morris and to instead make payments to an LLC called Smeyne Ross, the New York Law Journal (sub. req.) reports. Smeyne and Ross are the maiden names of the lawyers' spouses, the suit says. Nemphos and Cohen helped launch a Baltimore office for Duane Morris in 2006 after they left DLA Piper, according to the Baltimore Business Journal. Nemphos was managing partner of the Baltimore office. Singleton's suit (PDF), filed on March 3 in Baltimore court, says she was directed to pay the retainer to Smeyne Ross in May 2010, then was advised in March 2011 to split the retainer between Smeyne Ross and Duane Morris. The suit alleges that the lawyers advised Singleton to transfer her intellectual property rights to a company called Pique Founders Co., which would be jointly owned by Singleton and two investors in her company who were Duane Morris clients. Singleton claims she emphasized that she wanted control of major decisions by the company, but Cohen didn't notify her about a revision to a draft operating agreement that ended a requirement of unanimous consent for major business decisions when convertible notes matured. As a result of losing control of the company, the suit alleged, Singleton was effectively frozen out of Pique and the company "spiraled downward," filing for bankruptcy in November 2014. The suit also claims that Nemphos and Cohen obtained a 3 percent equity interest in Singleton's company through Smeyne Ross without compensating Singleton. Nemphos was also a defendant in a prior malpractice suit against Duane Morris that alleged he represented the seller of a controlling interest in a credit card processing company without disclosing his long-standing relationship with the purchaser. The suit was dismissed with prejudice in January, according to the Baltimore Business Journal. Duane Morris has named Chicago partner Brian Kerwin as the new chair of its corporate practice and partner Robert Hopkins as the new leader of its Baltimore office. A law firm spokesperson did not comment on the lawsuit when contacted by the publications. Originally posted by Debra Cassens Weiss on Legal Malpractice Suit - Ball & Bonholtzer Trial Attorney - Los Angeles

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