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July 2015 Archives

Defense Alleges Attorney Conflict Of Interest In Freddie Gray Case

Defense for police officers being prosecuted for Freddy Gray's death allege attorney conflict of interest because Baltimore's deputy state's attorney represented Freddy Gray in unrelated 2012 case.

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Baltimore State's Attorney Marilyn Mosby. Photo: Rober K. Hamilton/Baltimore Sun[/caption]

Damages In Jeep Post-Crash Fire Death Decreased To $40 Million

Judge decreases damages awarded to family of child killed in Jeep post-crash fire from $150 million to $40 million; denies Fiat Chrylser's motion for new trial.

In May, Fiat Chrysler Automobiles NV asked a Georgia judge for a new trial after a jury in April awarded $150 million to the family of Remington Walden, who was burned to death when the 1999 Jeep Grand Cherokee in which he riding was hit from behind in March 2012. The SUV's design had a plastic gas tank mounted behind the rear axle which ruptured and leaked gasoline, causing a fire.

$5 Million Legal Malpractice Lawsuit Over Workplace Injury Case Settled

Legal malpractice lawsuit brought by Illinois woman against attorneys who represented her in cruise ship workplace injury case has been settled for undisclosed amount.

A woman’s $5 million

legal malpractice lawsuit alleging Belleville attorneys and their firm failed to properly investigate injuries she claims to have sustained while working on a cruise ship has been settled and dismissed.

District Attorney Conflict Of Interest Concern In Case Of Man Beaten By Deputies

Defense withdraws motion to remove San Bernardino County District Attorney's Office from case due to concerns over attorney conflict of interest, but may seek motion in future pending outcome of DA's investigation of deputies.

Citing the need to see if the San Bernardino County D.A.’s Office files charges against any of the deputies involved in the videotaped beating of Francis Pusok during an arrest in the High Desert, Pusok’s defense on Monday took back their motion to get the D.A.’s Office off the case.

In their earlier motion, Pusok’s team argued that “Mr. Michael Ramos (should) be recused from prosecuting this matter and, because of his position, recuse the entire San Bernardino District Attorney’s Office.”

Severe Brain Injury Suffered During Surgery At Naval Hospital

Surgical team allegedly did not take precautions to address patient's sleep apnea, leaving him in coma due to severe brain injury sustained during procedure.

Retired Navy Chief Engineman Shon Hollis entered Naval Hospital Jacksonville, Florida, on July 8, 2014, for what he thought would be routine diagnostic

Plaintiff Awarded $935,000 In Long-Running Attorney Breach Of Contract Lawsuit

Connecticut legal malpractice case from 1990's alleging attorney breach of contract decided in favor of plaintiff's estate.

One of the oldest civil cases in the state of Connecticut is getting closer to the finish line.

A legal malpractice case against Koskoff, Koskoff & Bieder has outlasted the original plaintiff and his wife, and has grown so complex it has been referred to as a trial within a trial within a trial.

Pharmaceutical Antitrust Lawsuit Alleges Generic Drug Delayed

In pharmaceutical antitrust lawsuit, judge denies pharmaceutical companies' motion to dismiss union health plan's complaints alleging patent settlement caused generic Liboderm to be delayed.

U.S. District Judge William Orrick on Friday struck claims for injunctive relief, with leave to amend, but denied all other motions to dismiss complaints against several pharmaceutical companies. The multidistrict litigation is headed for class action status, but Orrick's order applies only to what he calls the Walgreen plaintiffs. The United Food and Commercial Workers Local 1776 says the settlement violated federal antitrust laws because it delayed release of the generic version of Lidoderm, a topical antiseptic used to treat painful skin conditions, such as shingles. The UFCW healthcare plan, which Orrick refers to as "the Walgreen plaintiffs," seeks injunctive relief and damages for the impact on its healthcare plans. Defendant Teikoku Pharma USA, et al., sought dismissal due to likely approval of class action certification, saying they would face a "multiplicity of suits" that would cause administrative problems. Orrick agreed. "All relevant cases, claims and parties are joined in this multidistrict litigation lawsuit," the judge wrote. "I see no reason why this case cannot be managed in a way to avoid the problems in administration and multiplicity of suits cited by the defendants." The union called the settlement an unreasonable restraint on trade, a conspiracy to "expand monopoly power" by delaying the availability of generic Lidoderm, excluding competitors and charging inflated prices for the drug. Teikoku Pharma countered that the union is an indirect buyer of Lidoderm, and that the only valid claims would be from direct buyers of the drug. It also challenged the validity of wholesale drug distributors' assignments of their claims to the union. The Walgreen plaintiffs "do not contend that they are entitled to treble damages," Orrick wrote. "Instead, they assert standing as indirect purchasers" and seek injunctive relief. Yet, they "have failed to show a 'threatened loss or injury'" and the "anticompetitive conduct ended on Sept. 15, 2013, when generic drug competitors were able to enter the market," Orrick found. Because they are indirect purchasers, Orrick struck the union's claims for injunctive relief but denied all other motions to dismiss. Defendants include Endo Pharmaceuticals, Teikoku Seiyaku, Watson Pharmaceuticals, Actavis and Watson Laboratories. Originally posted by Mike Heuer on Pharmaceutical Antitrust Lawsuit - Ball & Bonholtzer Trial Attorney - Los Angeles

California Marijuana Smoker Missed Statute Of Limitations In First Amendment Lawsuit

California man missed statute of limitations in filing lawsuit against city of Arcata for prohibiting marijuana smokers from celebrating "420" in Redwook Park.

U.S. District Judge James Donato ruled on Monday that Gregory P. Allen failed to allege a concrete injury and waited too long to file his complaint .

Family Of Construction Worker To File Lawsuit In Workplace Accident Death

A lawsuit will be filed by family of man killed in workplace accident on site of Upper Narrows Pipeline Replacement Project in Victor Valley.

David Padilla, 38, was killed on June 24, 2015, when the 25-ton winch he was operating malfunctioned, catapulting him and the winch across a shored pit. Padilla's two young daughters have retained noted trial attorneys Michael Alder of AlderLaw PC and Reza Torkzadeh of The Torkzadeh Law Firm to investigate the circumstances leading to their father's death.

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