July, 2009Senator Schumer Proposes Ban on Driver’s Text-Messaging

Senator Schumer (D-N.Y.) announced on July 26, 2009 his strategy to present a federal bill to Congress during the week of July 27, 2009 prohibiting drivers and conductors from using electronic messaging devices while in any public or private transportation vehicle. The proposed legislation follows recent high-profile accidents in California and Boston involving transit operators who were text messaging. Twenty-five people died in California and 130 were injured when a commuter train smashed into a freight train in Chatsworth in …

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Major Malpractice Insurance Study Finds Liability Should Not be More Limited

A major study released on July 23 by Americans for Insurance Reform finds that premiums and claims for doctors have dropped off considerably in the last few years, while business is booming for the medical malpractice insurance industry. The study concluded that placing further limits on the liability of negligent doctors and unsafe hospitals would be unjustifiable, and would have almost no impact in lowering health costs. Cutting Costs or Harming Patients? The national health care crisis has prompted questions …

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Lawsuits to be Filed on Behalf of Veterans Injured at VA Hospitals

Legal teams representing veterans are preparing to file complaints asking that the United States Department of Veterans Affairs pay disability benefits and damages for hospital mistakes that may have exposed veterans to infectious body fluids. Among them are veterans who have tested positive for HIV and hepatitis and others who suffered emotional distress after the VA provided them with initial positive blood tests for infections that turned out to be wrong. The claims process differs from a traditional malpractice lawsuit …

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Antitrust Chief Takes Aggressive Stance

The antitrust chief at the Justice Department, Christine A. Varney, is preparing to take on major corporations in a complete reversal of public policy. In a speech before the Center for American Progress in May, Varney said that the Bush Administration “lost sight of an ultimate goal of antitrust laws—the protection of consumer welfare.” Legal guidelines adopted by in September 2008 made it difficult to pursue antitrust cases against corporations that elbowed out smaller competitors. Proponents argued that business ran …

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LexisNexis® Legal News Podcast for July 27, 2009

The 3rd Circuit partially reverses a trademark ruling in a dispute over the “The Drifters,” and, reconsideration is sought for an MDL ruling dismissing a Zyprexa overpromotion claim. Hear these and other stories from LexisNexis® Mealey’s™ Emerging Securities, Employment, Hormone Replacement Therapy and Intellectual Property Reports. Copyright© 2009 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/mealeys.

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Hepatitis C Found at 2nd Colo. Hospital Where Rogue Surgical Tech Worked

Colorado health officials say a person treated at a second hospital where a former surgical technician who was addicted to painkillers is accused of spreading hepatitis C by sharing needles with patients has tested positive for the blood-borne liver disease.

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Another ‘Swine Flu’ Test Gets FDA Approval; Flu Shots for All Children Urged

The Food and Drug Administration has granted emergency approval to another diagnostic test for the 2009 H1N1 influenza virus, also called “swine flu,” as health officials encourage all children to get flu shots this fall.

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Agent Orange Linked to Parkinson’s and Severe Heart Problems, Researchers Say

Military personnel and others who were exposed to the defoliant Agent Orange and similar herbicides during the Vietnam War are at increased risk of developing Parkinson’s disease and serious heart problems, new research suggests.

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Pass the Salt: Denny’s Menu Contains Unsafe Sodium Levels, New Lawsuit Alleges

A leading non-profit consumer rights and health advocacy group is suing the Denny’s restaurant chain for cooking up breakfast entrees, sandwiches, and other dishes the group says contain so much salt that they are dangerous.

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Family Awarded $3.4 Million for Calif. Worker’s Mesothelioma Death

Relatives of a California man who died from mesothelioma lung cancer after being exposed to toxic asbestos while working in manufacturing plants have been awarded $3.4 million in damages.

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