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November 2015 Archives

St. Louis Rams Owner, Attorney Accused of Breach Of Fiduciary Duty

Stan Kroenke's ex-business partner files lawsuit claiming breach of fiduciary duty by Kroenke and his attorney in land deal.

Michael Staenberg, a former business partner of Stan Kroenke, alleges he is being wrongly excluded from the St. Louis Ram's owner's 200 acre Maryland Heights development project. In a lawsuit filed Monday in St. Louis County Circuit Court, Staenberg said he and Kroenke in 2008 or 2009 began exploring a retail and real estate development opportunity at the site, west of Interstate 270 and east of the Missouri River, on the north and south side of Page Avenue.

Houston Firm To Pay Almost $200 Million In Attorney Negligence Case

Jury finds attorney negligence, legal malpractice, and breach of fiduciary duty on part of Houston firm sued by former client.

On Nov. 11, a jury in the 234th District Court found Houston-based firm Andrews Kurth was negligent when representing plaintiff Scott Martin. Andrews Kurth had advised Martin to sign a settlement agreement to end a business dispute, which led to millions in litigation expenses was later ruled to be unenforceable. Martin was awarded nearly $200 million in damages and attorney fees.

Mother Files Zofran Lawsuit Over Son's Severe Birth Defects

Virginia woman files Zofran lawsuit on behalf of her son, claiming exposure in utero caused heart, lung and stomach birth defects.

A Virginia mother who filed a Zofran lawsuit on behalf of her son on September 28, 2015, is one of hundreds of parents claiming the anti-nausea drug caused birth defects in their children. To date, at least 205 lawsuits are consolidated before Judge F. Dennis Saylor IV in the US District Court for Massachusetts. The mother claims her son was born with numerous severe birth defects after being exposed to the drug in the womb. She says F.B. was born with three heart defects, a lung defect and a gastrointestinal anomaly. Out of more than 200 Zofran lawsuits, this complaint may involve one of the most recent pregnancies. Plaintiff says she was prescribed the drug, a common "off-label" morning sickness treatment, in 2014, during the early stages of her pregnancy with F.B. Her son was born on January 2, 2015 and quickly diagnosed with a host of congenital abnormalities. Many affected the boy's heart, including complete atrioventricular canal defect and doublet outlet right ventricle. Complete atrioventricular canal defect, according to Boston Children's Hospital, is actually a cluster of associated abnormalities that result in a large hole at the center of a child's heart. Smaller "hole in the heart" defects, like atrial septal defect and ventricular septal defect, can be involved, as can malformations of the valve that allows blood to flow between heart chambers. Both of the heart's two main arteries, the pulmonary aorta and the aorta, rise out of the heart's right ventricle (pumping chamber), rather than out of two separate chambers in the condition known as double outlet right ventricle. F.B. was also born with heterotaxy of the lungs, the mother claims. In this complex condition, a child's lungs are aligned improperly within the chest. Plaintiff says her son was born with malrotation of the intestines, as well. Closely associated with heterotaxy syndrome, malrotation occurs when the loops of the stomach and small intestines line up incorrectly. The mother says her son, still under 1 year old, has already undergone open-heart surgery. Notably, the mother hasn't just named GlaxoSmithKline, the manufacturer of branded Zofran, as a Defendant. Alongside that multinational pharmaceutical giant stands Glenmark Generics, an Indian company that produces an equivalent version of Zofran's active ingredient, ondansetron. The mother says she was prescribed Glenmark's ondansetron, rather than Glaxo's Zofran. Glenmark's US subsidiary is headquartered in Clifton, New Jersey, which is why this mother, who actually lives in Virginia, initially filed her complaint there. A version of this article was originally posted by Michael Monheit on Zofran Lawsuit - Ball & Bonholtzer Trial Attorney - Los Angeles

Lawyer Must Return $630,000 In Fees Due To Breach Of Fiduciary Duty

Arbitrator finds breach of fiduciary duty by San Antonio lawyer due to fraudulent billing practices in townhouse development lawsuit.

While representing plaintiffs in a lawsuit against the now-defunct First National Bank of Edinburg, attorney Ernesto Martinez Jr. submitted false invoices, double-billed his clients, and charged attorney fees for work of a nonlawyer, according to findings of arbitrator Phylis Speedlin.

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