News

Medtronic Infuse Shareholder Lawsuit Witness Must Testify, Judge Says (Fri, 03 Feb 2012)
A former Medtronic Inc. employee won't be able to avoid testifying in a shareholder lawsuit involving the device maker's alleged illegal promotion of off-label uses for its Infuse bone graft product.  Yesterday, a federal judge in Minnesota ordered the unnamed witness to testify and turn over a key Infuse document, ruling that he had waived his 5th Amendment protections.In August 2009, the Minneapolis Firefighters’ Relief Association...
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Settlements Reported in 20,000 Avandia Heart Attack Lawwsuits (Thu, 02 Feb 2012)
GlaxoSmithKline has reportedly agreed to settle more than 20,000 Avandia heart attack lawsuits, according to a report from Bloomberg News.  The agreement to settle the Avandia lawsuits was reached in court-ordered mediation and comes just months after Glaxo said it would pay $3 billion to settle U.S. criminal and civil probes into whether it illegally marketed Avandia and other medications.  Since November 2007, Avandia's U.S. label...
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Cancer, Other Safety Worries Point to Dim Future for Medtronic Infuse (Thu, 02 Feb 2012)
Medtronic Inc.'s sales of its Infuse (rhBMP-2) product have taken a hit in recent months, thanks to concerns that the bone growth protein may be associated with cancer and other serious side effects.  Now one analyst is raising doubts as to whether Medtronic can salvage Infuse and convince doctors to start to start using it again."Someone who is a very poor healer, someone who is in a revisional surgery, someone who is older and not in...
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Fracking Water Contamination Lawsuits Mount (Wed, 01 Feb 2012)
Since August 2009, nearly two dozen lawsuits have been filed throughout the country by property owners who claim natural gas drilling via hydraulic fracturing (fracking) has contaminated water supplies.  According to a report from Bloomberg News, the lawsuits name some of the biggest frackers in the industry as defendants, including Cabot Oil & Gas Corp., Chesapeake Energy Corp. and Southwest Energy Company.Perhaps the most famous...
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Louisiana High Court Reverses Award For Woman Injured On Village Sidewalk ()
NEW ORLEANS - The Louisiana Supreme Court on Jan. 24 overturned a judgment for a woman injured in a trip and fall accident on a municipality's sidewalk, concluding that the deviation on the walkway did not present an unreasonable risk of harm (Arlene Chambers v. Village of Moreauville, No. 2011-C-898, La. Sup.; 2012 La. LEXIS 16). Full story on lexis.com
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Federal Appeals Panel: Trial Court Did Not Err By Barring Prior Injury Evidence ()
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 20 affirmed a defense verdict for a retailer named as the defendant in a personal injury action, concluding that the trial court did not abuse its discretion in denying evidence regarding a prior accident that occurred on the defendant's property (Bonnie Rodrick v. Wal-Mart Stores East L.P., No. 11-1085, 8th Cir.; 2012 U.S. App. LEXIS 1181). Full story on lexis.com
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Georgia Appeals Panel: Store Not Responsible For Man's Fall Down Stairway ()
ATLANTA - The Georgia Court of Appeals on Jan. 24 affirmed summary judgment for a store owner in a premises liability action, concluding that the record established that the plaintiff failed to exercise ordinary care for his own safety while shopping at the defendant's store (Lynwood Bartlett, et al. v. McDonough Bedding Co., No. A12A0392, Ga. App., 1st Div.; 2012 Ga. App. LEXIS 44). Full story on lexis.com
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California Appeals Panel: Engineer Was Qualified To Give Building Defect Opinion ()
LOS ANGELES - The Second District California Court of Appeal on Jan. 23 reversed summary judgment for homeowners facing personal injury claims from an archway collapse on their property, concluding that a plaintiff's expert provided sufficient evidence that the defendants could have learned of a construction defect on their property before the accident (Darlene Trujillo v. Maria Cosio, et al., No. B232656, Calif. App., 2nd Dist.; 2012 Cal. App. Unpub. LEXIS 464). Full story on lexis.com
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