The Law Blog

Dec 24 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)

• COX-2 Inhibitors May Interfere With Aspirin's Anti-Clotting Property

  washington, d.c. - painkillers designed to avoid gastrointestinal problems by inhibiting only the cyclooxygenase-2 (cox-2) enzyme may interfere with aspirin being taking for its anti-clotting properties, according to the abstract of a study released (read)

• Generic Drug Injury Claims Are Not Preempted, 8th Circuit Panel Rules

  ST. LOUIS - Federal law does not preempt state court failure-to-warn claims against generic drug manufacturers, a panel of the Eighth Circuit U.S. Court of Appeals ruled Nov. 27, extending the U.S. Supreme Court's preemption ruling in Wyeth v. Diana (read)

• Humira-Experimental Drug Case Dismissed Without Prejudice For Pleading Defi

  SPRINGFIELD, Ill. - A case alleging that a patient died when she was given experimental arthritis gene therapy along with Humira was dismissed without prejudice Nov. 18 by an Illinois federal judge for failure to adequately plead claims (Robby Mohr v (read)

• Attorneys Seek Order Freeing Funds From Escrow Of Disputed Fees

  NEW ORLEANS - A group of attorneys appealing a 32 percent fee cap imposed for clients enrolled in the Vioxx Settlement Agreement filed a motion Dec. 17 in federal court seeking modification of two orders to allow it to obtain fees from clients whose (read)

• Dispute Among Claimant, Lawyer And Litigation Funder Is Headed Into MDL Cou

  NEW ORLEANS - The judge supervising consolidated federal Vioxx litigation on Dec. 15 ordered into court the law firm representing a claimant on the Vioxx Settlement Agreement who complained about the law firm's service and the rate being charged by a (read)

• 5th Circuit Affirms Dismissal Of Vioxx Cases On Forum Non Conveniens

  NEW ORLEANS - Dismissal of Vioxx injury, wrongful death, and loss of consortium claims by British nationals based on forum non conveniens has been affirmed by the Fifth Circuit U.S. Court of Appeals, which said in a Nov. 30 opinion that the plaintiff (read)

• Federal Panel Denies Consolidation To Pfizer Consumers

  washington, d.c. - saying the litigation currently comprises only two cases whose plaintiffs allege facts involving different pharmaceutical products, the judicial panel on multidistrict litigation on dec. 1 denied a new jersey woman's motion to cons (read)

• California Appeals Court Affirms Dismissal Of Vioxx Consumer Claims

  LOS ANGELES - A California appeals court on Dec. 15 affirmed dismissal of claims seeking to recover from Merck & Co. the costs of purchasing its withdrawn painkiller Vioxx, finding that individual plaintiffs' claims are not typical of the class they (read)

• Wrongful Death Claims Stemming From Remicade Use Dismissed For Lack Of Proo

  BALTIMORE - The parents of a 17-year-old who died of cardiac arrest after several infusions with Johnson & Johnson's Remicade saw their claims dismissed for failure to provide an expert to show that the drug was defective, a federal judge ruled Nov. (read)

• Supreme Court Justices Question Merck's Defense Of Vioxx Derivative Claims

  washington, d.c. - a u.s. supreme court justice pointed out an internal contradiction in merck & co.'s defense of a shareholder derivative lawsuit over its marketing of vioxx during oral argument nov. 30 - that on the one hand the company argues that (read)

• Pa. Federal Judge Partially Dismisses Disability Coverage Dispute, Denies T

  PHILADELPHIA - A Pennsylvania federal judge on Nov. 30 granted in part an insurer's motion to dismiss fraudulent misrepresentation and unfair trade claims based on a policyholder's failure to allege sufficient facts, while denying the insurer's motio (read)

• 8th Circuit: Failure To Provide Records Excuses Claimant's Failure To Exhau

  ST. LOUIS - A claims administrator's failure to respond to a disability claimant's requests for the administrative record and other documents excused the claimant's failure to file a timely written appeal of the administrator's decision to discontinu (read)

• Claimant Failed To Exhaust Administrative Remedies, 5th Circuit Rules

  NEW ORLEANS - An ERISA action seeking long-term disability benefits under an employee group policy is barred because the claimant failed to exhaust his administrative remedies before filing suit, the Fifth Circuit U.S. Court of Appeals ruled Nov. 23 (read)

• State Law Claims Are Preempted By ERISA, New Hampshire Judge Finds

  CONCORD, N.H. - State law claims for emotional distress damages and attorney fees arising from an ERISA-governed insurer's denial of disability benefits are preempted by the Employee Retirement Income Security Act, a federal judge in New Hampshire ru (read)

• Court: Mental Illness Benefit Limitation Applies, Barring Benefits

  PHILADELPHIA - An ERISA-governed disability policy's 24-month benefit limitation on mental illness applies, barring benefits for depression past that time period, the Third Circuit U.S. Court of Appeals ruled Dec. 18 (Edwin Young v. American Internat (read)

• Benefits Payment With A Reservation Of Rights Could Be Bad Faith, Judge Rul

  ELKINS, W.Va. - Finding the holder of two disability insurance policies clearly to be 'permanently and totally disabled from his occupation as a lawyer,' a West Virginia federal judge on Oct. 28 granted summary judgment to an insured on his insurer's (read)

• Medical Evidence Supports Disability Claim, Judge Rules

  LOS ANGELES - Medical evidence of pain and an inability to walk without pain or assistance is sufficient evidence of disability, a federal judge in California ruled Nov. 30, finding that a disability insurer abused its discretion in denying benefits (read)

• Judge: Benefit Denial Was Not Supported By The Record

  NEW YORK - An ERISA-governed disability insurer that terminated benefits to a claimant with Bechet's disease acted unreasonably, a federal judge in New York ruled Dec. 1, finding that the evidence in the record does not support the insurer's decision (read)

• 9th Circuit: Record Supports Insurer's Denial Of Disability Benefits

  SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Dec. 18 found no abuse of discretion in a group disability insurer's decision to terminate benefits to a claimant with sleep apnea and chronic back pain (Mark A. Eppler v. Hartford Life and A (read)

• Academy News: Members Encouraged to Pay 2010 Dues Today Before Benefits Exp

  All AAN members who have not yet paid their 2010 AAN membership dues are encouraged to renew online today, before their important benefits expire on December 31, 2009. Online renewal is the quickest, easiest, and most secure way to pay your 2010 dues (read)

• Golden Petals, karve Nagar

  I am looking for 3BHK in B K Pate's golden petal in karvenager. Anyone has any inputs about the project, please share. They are quoting rate of 4000... (read)

• Help for knwoing facts abt silver dale in baner by multicon developers

  Hi please help me to know abt silver dale . I have visited the site and found it to be good but confused abt the rate. He is quoting 3000 not... (read)

• Plot in Pallikaranai

  Hi, Iam planning to get a plot in pallikaranai (Opposite to Toyota show room- Kamatchi memorial hospital) for a price of 75L for 4800 sq ft. Iam... (read)

• Newbie - Need guidance

  Hi I have been searching for flats to buy for quite some time and I'm nearing to end of the search. I found couple of good flats of my wish. ... (read)

• Land rate in Pallikaranai ( Near Kamatchi memorial hospital)

  Hi, One of my freind has approched me to buy a property(property belongs to my freinds freind) in pallikarani area. The property is located... (read)

• Kharghar 1 BHK in Sector 10 or 2 BHK in Sector 35/34? Which is good?

  Hi guys...... I want to buy a flat in Kharghar...but my budget is so that I can buy only 1 BHK in sector 10 or other sectors except sector... (read)

• Physician-assisted suicide: A perspective from advocates for people with di

  Although public opinion in the United States on physician-assisted suicide is evenly divided, about half of states have either defeated bills to legalise assisted suicide or have passed laws explicitly banning it and only two states (Oregon and (read)

• Groups say Alberta government cutting programs for the disabled to save mon

  Canadian Press Dec 24 2009 10:45PM GMT (read)

• Beck faults state oversight of caretakers of disabled

  News Transcript Dec 24 2009 10:37PM GMT (read)

• Disabled gunman held after post office hostage standoff

  CNN Dec 24 2009 9:40PM GMT (read)

• Geoff Holt to celebrate Christmas at sea Disabled sailor Geoff Holt is prep

  Portsmouth Today Dec 24 2009 9:35PM GMT (read)

• Oh, deer! Animal center van disabled (837)

  Brownwood Bulletin Dec 24 2009 9:27PM GMT (read)

• 25 pc quota for disabled students

  Deccan Herald Dec 24 2009 9:07PM GMT (read)

• Quota for disabled kids in private schools soon

  Deccan Chronicle Dec 24 2009 8:54PM GMT (read)

• Colo. disabled group sues Abercrombie, Hollister

  KUSA-TV Dec 24 2009 7:56PM GMT (read)

• Letters: Early intervention crucial for disabled children

  Post Crescent Dec 24 2009 7:39PM GMT (read)

• Disabled will be left high and dry if baths closes

  Stoke-on-Trent Sentinel Dec 24 2009 7:23PM GMT (read)

• Disabled Surrey soldier's Christmas Eve swim

  Mercury FM Crawley Dec 24 2009 7:13PM GMT (read)

• Reservation for disabled students

  Deccan Herald Dec 24 2009 7:07PM GMT (read)

• Disabled kids may be entitled to quota in nearby pvt schools

  Indian Express Dec 24 2009 7:07PM GMT (read)

• Disabled mother battles to keep her son

  Kentucky.com Dec 24 2009 7:03PM GMT (read)

• Disabled mother battles to keep her son

  Merced Sun-Star Dec 24 2009 6:33PM GMT (read)

• Hartford Ski Spectacular Brought 700 Disabled Skiers, Families To Breckenri

  OnTheSnow.com Dec 24 2009 5:52PM GMT (read)

• Letter seeks help for disabled pupil, custodial grandma

  Riverside Press Enterprise Dec 24 2009 5:34PM GMT (read)

• Two separate pedestrian accidents in San Francisco on same day

  Two pedestrians were struck by vehicles and severely injured Monday morning in separate but near-simultaneous incidents near San Francisco City Hall and in the city's Bayview District. In the first, a 54-year-old woman was hit by a car while cr (read)

• San Jose Bankruptcy Attorney comments on the bankruptcy and alleged divorc

  San Jose Bankruptcy Attorney  comments on the bankruptcy and alleged divorce plans of Josh and Susan Powell. Susan Powell, a Utah mother who has been missing since December 7, reportedly had made financial plans in the event her marriage to Josh (read)

• San Jose Bankruptcy Attorney comments the alleged prenuptial agreement bet

  San Jose Bankruptcy Attorney  comments the alleged prenuptial agreement between Tiger Woods and his wife Elin that will cost the golfer $300 million if they divorce. Tiger Woods' peccadilloes are well documented.  Rumors of impending divorce (read)

• Surviving with Dignity - Part II: My Father's Reflections on the Ho

  [12/29/09 Update:  Be sure to read Tony Prada's comment at the end of the post. His initial thought, he wrote, was to move on to the next blog but once he started, he "became engulfed with the memoirs" and his "normal 5 minute stop a (read)

• Happy Christmas Eve

  The war isn't over, but it's Christmas Eve. We send our best thoughts and wishes to those in our jails and prisons, the children of the incarcerated, and everyone in nursing homes and hospitals. And of course, to TalkLeft readers and blogg (read)

• Christmas Eve: What's Cooking?

  Christmas Eve is the one night of the year the world seems to shut down, from stores to movie theaters to restaurants. I'm about to start on my lasagna, which I'll pair with an arugula salad, crusty baguette and red wine. For movies, we (read)

• Obama Names Second U.S. Attorney From Same NC Law Firm

  Today President Obama announced the nomination of Ann Tompkins for U.S. Attorney for the Western District of North Carolina. She's a partner in the law firm Alston & Bird. A few weeks ago, Obama nominated Thomas G. Walker to be U.S. Attorn (read)

• Senate Passes Health Care Bill, 60 to 39

  It's done. Obmama can drink a glass of champagne on the flight to Hawaii and members of the Senate can fly home for Christmas with puffed- out chest bragging they did it, they outmaneuvered the Republicans and garnered 60 votes to pass historic h (read)

• The Great Progressive Achievement?

  I've been thinking about this formulation that has been applied to the health bill, most recently by Matt Yglesias, and I think it deserves some unpacking. When the phrase is used, it implicitly is limited to domestic programs. But I think it still s (read)

• Stupak, The Blue Dogs And The Progressive Block

  A health bill is gonna pass. It is going to look like the Senate bill. The question now is who is going to vote for it. Bart Stupak says he can't be bought off: “There cannot be, in any way, public funding for abortion,” says Stupak.
  (read)

• Thursday Morning Open Thread

  It's Thursday morning. This is an Open Thread. (read)

• Federal Judge Saves Defendant from Prosecutorial Misconduct

  The independence of our judiciary from the other two branches of government is an important part of the master plan by those who founded our country and established the form of government we enjoy based on the U.S. Constitution. A frie (read)

• Filing Chapter 7 Bankruptcy In New Mexico

  Chapter 7 Bankruptcy is a 'liquidation' of your personal assets to pay your debt. Chapter 7 Bankruptcy is the most popular, quickest and least expensive type of bankruptcy. Chapter 7 Bankruptcy is available to individuals, corporations, married coupl (read)

• Why predict the future when you can make it?

  It's the end of the year so blogs from lawyers, law firm management professionals, and legal marketing consultants are full of the obligatory predictions for 2010. Adrian Lurssen of JD Supra has a nice summary of the predictions coming from legal pr (read)

• Can you Get Disability if you can do Some Normal Daily Activities?

  No Abstract (read)

• Are there Areas of Consensus Among Constitutional Law Scholars?

  Orin's follow-up to my post arguing that there is no expert consensus on the constitutionality of the health care mandate suggests that there are virtually no real areas of consensus among constitutional law scholars, and that 'you can pretty much a (read)

• What's In Your Music Rotation?

  We occasionally post about music here at the VC, and I thought it would be interesting to find out what our readers are listening to. So here's the idea: If you regularly listen to music, and you have (say) 5-10 CDs/iTunes downloads/records/cassett (read)

• Bringing 'Love and Respect' to the troops

  WOOD-TV reports that Grand Rapids marriage expert/author Emerson Eggerichs is off to Iraq to visit the troops. Here’s why (excerpt): In November, the military released statistics noting in the 2009 fiscal year alone there were more than 27,000 (read)

• Movie Therapy For Law Students by Sonia J. Buck, Esq.

    Movie Therapy For Law Students (And Pre-Law, Paralegal, And Related Majors) By Sonia J. Buck, Esq. Author House $19.95, hard cover, 195 pages, 978-1-4389-7529-0 (2009)               (read)

• Monsignor Testifies as Grand Jury Probe of L.A. Diocese Steps Up

  The on-going federal probe of the Archdiocese of Los Angeles of its conduct related to accusations of widespread sexual abuse of children by its clergy took a turn recently when the former vicar of clergy testified before a grand jury, the LA Times r (read)

• Judges Taking On Foreclosures: Activism or Necessity?

  In the parts of the country that remain mired in a prolonged housing crisis, many thousands of people remain at risk of losing their homes to foreclosure and thus are in need of help. A handful of judges have begun to come to homeowners' rescue. (read)

• Pune Builders are charging full terrace cost is it Legal?

  Pune Builders are charging full terrace cost, is it legal?? Earlier they were charging only half terrace cost? (read)

• John Beck can help you make your mark on today's highly lucrative real esta

  John Beck is a real estate broker, real estate consultant, and a respected real estate attorney who has been listed in Who's Who In Creative Real... (read)

• Property price -- stabilize when

  Please give some info when properties will stabilize .... i am confused (read)

• Feedback about Park royale

  pls share your thoughts.... (read)

• Merry Christmas

    Thanks for David E. Mills, lawyer and cartoonist, whose work can be enjoyed at Courtoons.  David's work is available for purchase. (read)

• hawthorne passaic county new jersey divorce custody international mediation

  A New Jersey judge just sentenced a woman to 14 years in prison for taking her daughter to Spain and refusing to bring her back to her custodial father in Hasbrouck Heights. 'Two days before Christmas, that girl has no... (read)

• Apple Files Reply in Florida Action Re Apple's Motion to Dismiss or Transfe

  Apple has filed its reply to Psystar's Response [PDF] to Apple's motion to dismiss or transfer venue [PDF]. Is that sentence clear? To amplify, Apple filed a motion to dismiss or to transfer venue in Florida, where Psystar had filed a case against (read)

• PAWTUCKET: Disabled Veteran's Home Robbed of Christmas Gifts

  ABC6.com Dec 24 2009 1:17PM GMT (read)

• Disabled vehicle on Route 42 South in Bellmawr

  CourierPostOnline.com Dec 24 2009 1:09PM GMT (read)

• Housing 'cold shoulder' for disabled pensioner

  Londonderry Sentinel Dec 24 2009 12:53PM GMT (read)

• Disabled girl, eight, died in her sleep, inquest hears

  Get Surrey Dec 24 2009 12:33PM GMT (read)

• Disabled Iraq veteran, family need holiday help

  Elyria Chronicle Telegram Dec 24 2009 12:28PM GMT (read)

• Disabled kids may be entitled to quota in nearby private schools

  DNA India Dec 24 2009 12:12PM GMT (read)

• Disabled mother battles to keep her son

  Bradenton Herald Dec 24 2009 12:06PM GMT (read)

• Taking the Dis out of Disabled

  NJ Jewish News Dec 24 2009 11:54AM GMT (read)

• Husband wins funding for disabled wife in Sidmouth

  Devon 24 Dec 24 2009 11:52AM GMT (read)

• Disability Football Development Officers

  TheFA.com Dec 24 2009 11:31AM GMT (read)

• Lifetime Homes for the disabled

  Bolton News Dec 24 2009 11:17AM GMT (read)

• Disabled couple snowed in without food

  This is Local London Dec 24 2009 10:14AM GMT (read)

• Virus closes holiday centre for the disabled

  Nottingham Evening Post Dec 24 2009 9:29AM GMT (read)

• I was forced to grit my own street, says Bristol disabled woman

  Bristol Evening Post Dec 24 2009 8:31AM GMT (read)

• Playground construction for disabled at military installations on the way

  Stafford County Sun Dec 24 2009 8:04AM GMT (read)

• School offers parents with disabled children support

  Nottingham Evening Post Dec 24 2009 7:32AM GMT (read)

• Bal Harbour's special wheelchair to help disabled enjoy beach

  Miami Herald Dec 24 2009 7:10AM GMT (read)

• Piano instructor teaches the disabled

  Chicago Daily Herald Dec 24 2009 6:54AM GMT (read)

• New Year, fresh start

  Reading the news these days is like staring at a doomsday scenario. As though the devastation brought by typhoons Ondoy and Pepeng weren’t enough, Philvolcs says that Mayon volcano is likely to erupt within the week. On the political front, it (read)

• Best in Law Blogs : LexBlog Network : December 23, 2009

  Dennis Westlind wins the day. I was all ready to lead-in to this post by wishing everyone a Happy Festivus. Dennis is already on top of it by gifting Oregon employers with ten things they should know for 2010. Notably absent: the feats of strength an (read)

• New Blogs joining the LexBlog Network for the week of 12/20-12/23

  Despite the short work week, we still managed to launch five blogs. I'm obviously interested to see how each and every LexBlog publication turns out but there's one this week I'm particularly intrigued by. If you've read my commentary in these a (read)

• The Joy of Adoption

  Adoption does not only affect the families involved for a lifetime, but also the lawyers and judges who oversee the process. On Lawyer2Lawyer, co-hosts and attorneys, Bob Ambrogi and J. Craig Williams welcome Attorney Kathleen Hogan Morrison and Judg (read)

• Jacksonville Girl Killed In Crosswalk When Light Changed

  A six-year-old Jacksonville girl didn’t stand a chance when she was hit by an SUV in a Jacksonville crosswalk Saturday morning. Her mother was pushing a stroller with her five-year-old disabled brother crossing San Jose Boulevard near Kori Road (read)

• Jacksonville Among Worst For Tap Water EWG Finds

  This news comes from the highly credible nonprofit group, Environmental Working Group. EWG finds there are over 300 pollutants in U.S. tap water. After analyzing almost 20 million records, EWG finds that more than half of those chemicals are not (read)

• Rotweiller Kills Florida Toddler

  A 20-month old little Florida boy was attacked and killed by a Rottweiler after dropping his cookie on the floor, according to law enforcement authorities in New Port Richey, Florida. The baby was visiting his aunt’s home during a party Saturda (read)

• Tractor Trailer Driver Trapped in Dangling Cab for Two Hours on New Jersey

  December 23, 2009 An accident near Exit 5 of Mount Laurel left a tractor-trailer hanging off an overpass and traffic backed up for miles on the New Jersey Turnpike Wednesday morning. According to State Police, John Monroe Jr., 67, of Mount Laurel, (read)

• CPSC Winter Heating System Safety Tips to Reduce Risk of Fire and Carbon Mo

  December 22, 2009 The Consumer Product Safety Commission (CPSC) is urging consumers to inspect their home heating and emergency power systems this winter to prevent potential deaths from carbon monoxide (CO) poisoning and fires. Heating equipment an (read)