The Law Blog

Oct 29 News

• View Legal headlines on HDLNS.com

  HDLNS.com is the easiest to use aggregated content RSS Reader on the net. No need to sign up, nothing to remember. Just browse and read. (read)

• Lawsuits Over Birth Control Pills Yaz and Yazmin

  Bayer HealthCare Pharmaceuticals is facing a growing number of lawsuits claiming that the company concealed the health risks associated with the top-selling birth control pills Yaz and Yasmin. Co-hosts and attorneys J. Craig Williams and Bob Ambrogi (read)

• Court: Prosecutors Can't Rummage Around in a Defendant's Gmail Account --

  [Post by Venkat] The government is prosecuting a couple of Bear Stearns hedge fund managers for securities fraud and related... (read)

• Kenneth Odza of Food Liability Law Blog: LexBlog Q&A

  It's one thing to use your blog as a news aggregation site. It's another to constantly provide the added value of commentary, analysis, and a unique voice that can't be found anywhere else. Food liability attorney Kenneth Odza of AmLaw 200 firm Stoel (read)

• What Debts are not discharged in a Louisiana bankruptcy?

  Federal bankruptcy laws also outline what type of debt can not be discharged by filing for bankruptcy. The types of debts not discharged in Louisiana will be the same as other states. If you do not complete your debt repayment obligations for these (read)

• Push for Sleep Apnea Screening Recommended

  The National Transportation Safety Board has again sent letters recommending that screening be put in place for sleep apnea. They cite a great number of accidents that are caused through sleep apnea and want all truck drivers, train drivers, bus dri (read)

• Tossing Out the Pacifiers

  Parents and retailers have been urged to throw out any “My Baby Soother” pacifiers. These pacifiers are deemed by the CPSC (Consumer Product Safety Commission) to be unsafe according to federal standards. While the need to recall pa (read)

• State Public Records Act Covers Metadata

  So holds the Arizona Supreme Court; the Washington Court of Appeals held the same a year ago. The decision applies to whatever metadata is stored with the document, including creation, modification, and access dates, the identities of the creating, (read)

• Lederman on the Constitutionality of Hate Crimes Legislation

  Marty Lederman has this new post up at Balkinization on why he thinks the new hate crimes legislation is constitutional. (Okay, so technically it's an OLC opinion signed by Marty Lederman that Jack Balkin posted over at Balkinization, rather than j (read)

• Opinion on Fourth Amendment and E-mail ' An Important Correction

  I blogged yesterday about a new opinion on e-mail and the Fourth Amendment. I received a few requests for a copy of the opinion, so I formatted a version of it and have posted it here. In the course of re-reading the opinion to post it, I recognized (read)

• Fat acceptance in NJ Governor Race

  The Fat Acceptance Movement may have a new hero. Tubby Republican nominee Chris Christie is now pushing back against imperially thin Democratic Governor Jon Corzine's campaign theme making fun of Christie's heft. Christie criticizes Corzine for his (read)

• Unsolicited Nice Words About My Academic Legal Writing

  From Mike Gray, a Notre Dame student: I am a law student at Notre Dame. Recently, a paper that I wrote for Rick Garnett's Freedom of Speech class was selected for publication in I/S: A Journal of Law and Policy for the Information Society, an Ohio S (read)

• Lots of birther action

  A whole lot happening today with the (futile and probably frivolous) efforts of the birther movement to use the federal courts to have Barack Obama removed from office on the ground that he is not a natural born citizen. First, Orly Taitz, the lawyer (read)

• An Open Memo to President Obama: Get a Flu Shot

  If we were going to get jealous of you getting a flu shot, we probably would have gotten upset about the fact that you have your own personal 747. (read)

• Job Talks and Presentations on Film

  There are many great articles that offer advice for conducting job talks, but there are very few films that come to mind that include presentations to watch for entertaining guidance on what to emulate and what to avoid. Two of the better-known prese (read)

• Is Scalia Out of any Gay Marriage Case?

  This week, Justices Breyer and Scalia came to the Rehnquist Center at the University of Arizona Rogers College of Law to debate statutory and constitutional interpretation. Justice Scalia said outright that the idea that gay marriage was somehow prot (read)

• AT MY TRIAL PRACTICE WEBLOG . . . 'Motion Practice: Quit Whe

  at my trial practice weblog . . . 'motion practice: quit when you're ahead.' (read)

• 5th Circuit On Continuing Violations

  Decisions related to the timeliness of a claim are most complicated when it involves hostile environment harassment, which almost always occurs over a period of time. Although the rule is fairly simple according to the US Supreme Court's decision in (read)

• No Title

  No Abstract (read)

• LTA proposal to govt includes no bus fare for elderly, disabled

  Fijivillage.com Oct 29 2009 10:53PM GMT (read)

• Computer Recycling Program Creates 'Goodwill' For Public and Disabled Worke

  KSHB Oct 29 2009 10:27PM GMT (read)

• Real tax relief for seniors, disabled

  Dahlonega Nugget Oct 29 2009 10:03PM GMT (read)

• Disabled lift work halted at train station

  Buckinghamshire Advertiser Oct 29 2009 9:46PM GMT (read)

• New buses to make life easier for disabled people

  Swindon Advertiser Oct 29 2009 9:36PM GMT (read)

• Laws on NH disabled parking demonstrated

  WBZ NewsRadio 1030 Oct 29 2009 9:27PM GMT (read)

• Ex-NC Marine's disability from tainted water OK'd

  WMBF Oct 29 2009 9:13PM GMT (read)

• Welfare office rapped for lack of care on disability claims

  The Standard Oct 29 2009 8:34PM GMT (read)

• VetsFirst Full Membership to All Disabled Veterans, Dependents and Survivor

  Disabled World Oct 29 2009 8:11PM GMT (read)

• Provide better access for the disabled in universities

  Asiaone Oct 29 2009 7:55PM GMT (read)

• Former Lejeune Marine receiving partial disability due to water contaminati

  Individual.com Oct 29 2009 7:33PM GMT (read)

• Finding Ways for Disabled People to Participate in Research is Goal of Case

  Individual.com Oct 29 2009 6:30PM GMT (read)

• Legislation to Support Families of Severely Disabled Service Members Signed

  Perryville Sun Times Oct 29 2009 6:12PM GMT (read)

• Two out of three UK businesses losing out on 80bn spending power of disable

  Complinet Oct 29 2009 6:11PM GMT (read)

• Care home boss used residents to hit each other, court is told A CARE home

  Doncaster Free Press Oct 29 2009 5:56PM GMT (read)

• Allergan Wants Court To Find Off-Label Promotion Rules Are Unconstitutional

  washington, d.c. - already under federal investigation for the off-label marketing of botox, manufacturer allergan inc. on oct. 1 asked a federal court to declare that federal regulations barring promotion of off-label uses of drugs are an unconstitu (read)

• J&J Victory Vacated In Drug Price Litigation For 1 Plaintiff Class

  BOSTON - A panel of the First Circuit U.S. Court of Appeals on Sept. 18 vacated judgment against a class in the drug average wholesale price multidistrict litigation and remanded it for further consideration (In Re: Pharmaceutical Industry Average Wh (read)

• Plaintiff Groups Fight Over Leadership Of Suits Against Pfizer's Management

  NEW YORK - Two plaintiff groups are vying to lead litigation seeking to make Pfizer executives responsible to shareholders for the recent $2.3 billion settlement between the company and the federal government over the company's illegal marketing of B (read)

• Merck Never Believed In Naproxen Protection, Shareholders Claim

  washington, d.c. - merck & co. inc. misled investors by claiming to believe the generic painkiller naproxen had prevented cardiovascular problems in a study, the representative of class asserting shareholder claims in an oct. 19 brief before the u.s. (read)

• Wrongful Death Plaintiffs Lose Remand Petition But Keep Their Expert

  BALTIMORE - The parents of a 17-year-old who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade lost their attempt in federal court to have the case remanded but prevailed on the admissibility of a key expert (James Mack (read)

• Survivors Object To Arbitration Demand By Late Father's 'Girlfriend'

  NEW ORLEANS - The surviving children of a former Vioxx user object to a motion for arbitration filed by their father's 'on-and-off girlfriend,' arguing in an Oct. 6 brief that she failed to notify the federal multidistrict litigation court of her dis (read)

• Bextra/Celebrex Objectors Claim Disparate Treatment In Consumer Settlement

  SAN FRANCISCO - Two objectors to a proposed $89 million class settlement of purchase price claims over Pfizer's painkillers Bextra and Celebrex filed a supplemental objection on Sept. 23, arguing that class members who purchased both drugs should be (read)

• $4.5M Vioxx Verdict Survives Preemption, Parties Learn 5 Months After Dismi

  TRENTON, N.J. - In a nearly five-month-old decision not revealed until Sept. 29, the New Jersey Supreme Court dismissed the appeal of a $4.5 million Vioxx verdict in light of the U.S. Supreme Court's preemption ruling in Wyeth v. Diana Levine (No. 06 (read)

• A novel and an effective analytical approach for the LC-MS determination of

  Abstract  An alternative liquid chromatography-mass spectrometry (LC-MS) method based on no discharge (ND) atmospheric pressure chemical ionization (APCI) was developed for the simultaneous determination of ethyl glucuronide (EtG) and ethy (read)

• Aluminum Bat Lawsuit: $850,000 Verdict

  The New York Times reports that a Montana jury found on Wednesday that the maker of Louisville Slugger baseball bats failed to adequately warn about the dangers that aluminum bat can pose, awarding $850,000 for the tragic death of an 18 year-old boy (read)

• Making Congress Irrelevant: Gutting the Carmack Amendment in K-Line v Rega

  Democracy is such an inconvenient concept, isn't it? Would we be a much better country if we could just, say, contract out of laws which we don't like? That is just what a number of ocean carriers and railroads are trying to do. A group of vali (read)

• Military and Overseas Voter Empowerment Act signed

  President Obama signed the National Defense Authorization Act for Fiscal Year 2010 yesterday (28 October 2009). One part of the act is the Military and Overseas Voter Empowerment Act, reproduced below. Military and Overseas Voter Empowerment Act... (read)

• will my bankrupcy affect mt spouce?

  I am currently living common law with my boyfriend. we have been living together for 7 monthes now. If I file for bankrupcy will it affect his credit? Posted from: Alberta (read)

• Inheritance After Discharge

  I will be discharged from bankruptcy at the end of this week (uncontested, first time). I just got notice that I am entitled to a small inheritance but must fill out paperwork and wait for my brothers to do the same. I spoke with the (inheritance) (read)

• Home ownership

  My husband and I are separated but he is still on title to the property. What happens to the house if he declares bankruptcy? Posted from: Ontario (read)

• Property Purchase at Colva Goa

  Has anyone purchased a flat or a bungalow at Aquamarina, Vanelim, Colva,Goa. Has delivery been taken or still waiting?:( (read)

• Creating Self help group

  I am a common man with a job and little money. I have been looking around for years to see how people with commercial interest are taking RE... (read)

• Row Houses at Hadapsar Manjri

  what is the prosepcts for Row Houses Manjari Greens at Manjari (read)

• karvenagar near cummns college

  what is the optimum rate at around cummins college near rajaram bridge? there;s a proposed shivane-kharadi bypass. we need rates alog tat raoad near... (read)

• Resale price at Kunal Icon, Pimple Soudagar.

  Could anybody please tell me how much is worth to pay for any resale flat in Kunal Icon (900 sq ft.) in PS including open parking? (read)

• How shaky is chennai RE? Are the buyers right?

  Hello all chennai home buyers, I have been reading the forum with people talking about 50 lakhs to 1 crore with lot of comfort. I am an NRI with... (read)

• Blog and comment using your real name.

  You went full retard, man. Never go full retard. Don't go home in pain. --Robert Downey, Jr., gravely, to Ben Stiller, in Tropic Thunder (2008), about the latter's acting method in the fictional flick 'Simple Jack'. (DreamWorks/Red Hour Films) (read)

• House Introduces Health Care Bill

  Speaker Nancy Pelosi introduced the House Health Care reform bill today. As predicted, it does not have the 'robust' public option: House leaders abandoned an earlier effort to include a public option that would have established reimbursement rate (read)

• Thursday Morning Open Thread

  Busy day. Your turn. This is an Open Thread. (read)

• Bernie Kerik Loses Bond Revocation Appeal

  Former NY Police Commissioner Bernard Kerik will remain at the Valhalla County jail pending his trial on tax fraud and corruption charges. The Second Circuit Court of Appeals heard oral arguments in his appeal of the trial court's revocation of h (read)

• Supreme Court Clustering of Patent Cases

  The last time that the Supreme Court directly addressed the issue of subject matter eligibility under 35 U.S.C. § 101 was in the early 1980's. In the waning days of the pre-CAFC era, the Supreme Court decided Diamond v. Chakrabarti, 447 U.S. 303 (1 (read)

• Toyota Floor Mat And Gas Pedal Defects--Do They Cause Wrongful Deaths?

  Federal highway safety inspectors have released new details of a fatal car crash that triggered Toyota Motor Corp.'s largest recall, including a finding that the Lexus ES 350 sedan involved had a gas pedal design that could increase the risk of its b (read)

• The Potential of Wolfram Alpha

  On May 15, the website for a new 'computational knowledge engine' called Wolfram Alpha was launched. With a user interface that resembles search engines like Google, Wolfram Alpha answers factual... [[ This is a content summary only. Visit Automatin (read)

• Model Notice Issued NYS Labor Law Section 195

  The New York State Department of Labor has just issued a model notice for employers and a fact sheet (for both employers and employees) explaining the new requirement under Labor Law Section 195 which requires employers to advise new hourly employees (read)

• May Day, May Day! Hogan/Lovells Deal Could Wrap By Spring

  Washington, D.C.-based Hogan & Hartson and London-based Lovells announced today that their management committees unanimously support merging the two law firms. (read)

• New Calif. Paparazzi Law Pitting Safety Against Freedom

  Now, a new law in California attempts to crack down on paparazzi whose aggressive tactics might endanger their subjects' safety. (read)

• Far Out! Entertainment Contracts Embark Into Deep Space

  Reporter and LB colleague Dionne Searcey churned out a little gem of a story in the Journal today on the depths to which entertainment contracts have gone to hammer home the position that, well, we have rights and you don't. (read)

• Crime and punishment, race and class

  Not a melodrama, but a tragedy. (read)

• Debating Carbon Cap-and-Trade

  I'll be in Chicago tomorrow to debate the merits of a cap-and-trade carbon emissions control regime at the Northwestern University School of Law.  It's a noontime event sponsored by the student Federalist Society chapter.  For a preview see some of (read)

• UN Special Rapporteur Criticizes US Predator Program in UN Speech

  Reuter's reports on a speech given by Philip Alston at the UN, criticizing the US for its drone attacks or, at a minimum, for not being forthcoming on its drone attacks.  Professor Alston (a friend of mine and well known to many VC professor-reader (read)

• Bloggers agree: Congress ethics weak; public option likely. Disagree on nuk

  Last week's National Journal poll of political bloggers asked Left/Right bloggers 'Are [Democratic/Republican] leaders doing enough to police congressional ethics enforcement in their ranks?'  On the Left, 56% said the Democrats were not doing enoug (read)

• The Peerless Umpire

  'Umpire,' the Oxford English Dictionary, stems from the word 'noumpere,' which means 'peerless, without equal, surpassing all others.' I did not know that. (read)

• The Judge-as-Umpire Debate, 91 Years Ago

  I suspect the debate over whether judges are like baseball umpires is as old as baseball itself, but here's an early example I came across on Westlaw: A well-known English judge, watching village children drawing up rules for their cricket team for t (read)

• Policy Recommendations For Improving Medication Adherence

  A diverse group of health care and consumer organizations released five policy recommendations this week that are designed to promote better medication adherence and improved health outcomes for patients... (read)

• Doctors Lack Knowledge About Off-Label Uses

  Off-label use is the practice of prescribing medications for uses other than those approved by the FDA. Many doctors engage in the practice. However, according to a recent survey, a substantial minority of doctors mistakenly believe that certain of (read)

• Minister admits public service unlikely to meet target of 2% disabled worke

  Herald South Africa Oct 29 2009 6:35AM GMT (read)

• Disability carer 'kicked man'

  Daily Telegraph Australia Oct 29 2009 6:09AM GMT (read)

• Disability carer 'kicked man'

  NEWS.com.au Oct 29 2009 6:05AM GMT (read)

• Disability carer 'kicked man'

  Perth Now Oct 29 2009 6:03AM GMT (read)

• Left dancing in the shadows A SWINTON man has forced Sheffield Arena into a

  Doncaster Free Press Oct 29 2009 5:23AM GMT (read)

• The bill included the Matthew Shepard and James Byrd Jr. Hate Crimes Preven

  News Talk 590 KCSJ Oct 29 2009 5:22AM GMT (read)

• $504,000 housing boost for Ingham people with a disability and their carers

  Queensland Government Oct 29 2009 5:12AM GMT (read)

• Abled and Disabled

  Associated Content Oct 29 2009 3:39AM GMT (read)

• TV orgs to help disabled filmmakers

  Wilshire and Washington Variety Oct 29 2009 2:56AM GMT (read)

• Disabled Veterans Should Get A Lift, Transit Board Decides

  The Morning News Oct 29 2009 2:26AM GMT (read)

• Mum thanks disabled swimmer for coming to the rescue

  Buckinghamshire Advertiser Oct 29 2009 2:11AM GMT (read)

• Social Security Disability Eligibility

  Suite101.com Oct 29 2009 1:28AM GMT (read)

• It only needed common sense not to clamp disabled car

  Islington Gazette Oct 29 2009 12:35AM GMT (read)

• Filing Chapter 13 Bankruptcy in Louisiana

  If you own a home or property you would like to keep, or you do not qualify to file Chapter 7 Bankruptcy, filing Chapter 13 Bankruptcy may be another option for your family. Chapter 13 Bankruptcy will not be an immediate discharge of your assets but (read)

• Old Age Pension

  Will I lose my Old Age Pension? Posted from: British Columbia (read)

• RRSP and Loan For

  It would be advantageous to me for varied reasons to stop paying my credit card debt and let them get a judgement and go bankrupt after that. Any downside to this plan? I have no assets worth mentioning Posted from: New Brunswick (read)

• Social Security Attorney - What Can They Help You With?

  What is a disability examiner exactly, you may ask? Well, in a nutshell, a disability examiner is someone that is responsible for making decisions for disability claims at both the initial application and the reconsideration stages. Once a claimant h (read)

• Social Security Disability Insurance Benefits For Type I and II Diabetes

  As with any listing, the diabetes entry is focusing on the medical aspects for diabetes and their direct relationship to functional restriction and impairment. These are described as being retinopathy and neuropathy. (read)

• Miami 2009 & DiCarlo Lecture

  I know this is short notice, but if anyone is going to be in Miami tomorrow for the ABA Section of International Law Fall Meeting, please say hello to me. I will be helping to moderate a panel on transfer price for customs and income tax Thursday at (read)

• help needed in society matter

  we want to know if any resident in the society can ask for accounts of the society or only committee members can do it. If the RTI application is... (read)

• Today's Kingston in G Noida

  This happened to me around 2/3 months ago. I have been looking for a property since long time. I moved to GN about 2 years ago and really liked the... (read)

• ReMAX franchising opportunities

  What do you think about the franchising opportunities in Global Real estate giants like ReMAX and Century 21 who are slowly setting up their shops... (read)

• Good to be here

  Hi Guy, I am Rajeev, living in NCR region. Stumbled upon this website, while googling for some comparision details of 2 builders in Noida. I am 31... (read)

• Searching new residencial flat to book at Kolkata

  Can anyone tell me about the new project happening at Kolkata? I am looking for a 3 BHK apartment for around 30-35 lac. Thanks for your... (read)

• Celtics Start Season Off Right

  Nothing like starting on a high note. The Boston Celtics rolled into Cleveland to face Sir James and newly acquired Shaq. The 95–89 win over the Cavs was the first time the Celtics had won on their court in a long time. Just goes to show that (read)

• Moving Children Around A Failure in Chicago

  Arne Duncan's, former head of Chicago Public Schools and now U.S. Secretary of Education, strategy in Chicago was to move children out of underperforming schools to other schools. The only problem is that the 'other schools' were also underperfoming. (read)