Personal Injury Lawyer Blog
This blog has moved - Thursday, April 29, 2010
This blog is now located at http://personalinjurylawyerblogs.blogspot.com/.
You will be automatically redirected in 30 seconds, or you may click here.
For feed subscribers, please update your feed subscriptions to
http://personalinjurylawyerblogs.blogspot.com/feeds/posts/default.
Louisiana Family Wins Chinese Drywall Lawsuit - Wednesday, April 28, 2010
On Tuesday, U.S. District Court Judge Eldon E. Fallon made his second ruling in a series of defective Chinese drywall cases which he is overseeing. His ruling awarded a Louisiana family $164,000 plus attorneys' fees and court costs to cover the damage their house sustained as a result of the Chinese drywall. The damage award includes approximately $5,400 to cover damaged personal property and $20,000 to cover the cost of a place to live while the house is repaired.
Judge Fallon ruled that the house must be gutted down to the studs so that all drywall can be replaced. Other items in the house that must be replaced include:
- Ductwork
- Electrical system
- All copper and silver components
- Heating-and-cooling system
- Damaged appliances and consumer electronics
The ruling in this case is fairly consistent with Fallon's previous decision earlier this month when he awarded $2.6 million to seven Virginia homeowners. These two verdicts have set the tone for all future Chinese drywall litigation, making it clear that extensive repairs on the part of the drywall manufacturer should be expected.
The bulk of the trial proceedings focused on the extent of remediation that would be necessary to adequately repair the house. The family's attorney argued that the home would need to be gutted entirely, resulting in approximately $200,000 in costs. The drywall manufacturer disagreed, claiming many components, including wiring, plumbing, and air-conditioning, could remain, lowering the cost of repairs to roughly $58,000. As with his previous ruling, Judge Fallon approved the rather extensive list of plaintiff repair requests.
There was another important component to this ruling. Attorneys' fees were awarded, preventing the homeowner from having to pay for these costs out of the funds earmarked for home repairs.
Currently, the Consumer Product Safety Commission has received more than 3,000 reports of homes damaged by defective Chinese drywall. Many experts believe that these figures do not reflect the true extent of the problem experienced by homeowners across America.
Written by Andrew Martin: professional blogger and guru of misfortune.
Court Rules Wal-Mart Gender Discrimination Case Can Proceed as Class Action - Tuesday, April 27, 2010
A strongly divided federal appeals court narrowly ruled on Monday that a gender discrimination lawsuit against Wal-Mart could proceed as class action case. With more than one million women listed as plaintiffs, this ranks as the largest employment discrimination lawsuit in American history.
This case has been bogged down in appeals for nearly a decade. Monday's ruling now paves the way for a trial where the plaintiff class is seeking billions of dollars in damages from Wal-Mart.
The lawsuit, which originated in 2001, claims that Wal-Mart systematically paid their female employees less than their male employees, offering them smaller raises and fewer opportunities for advancement. In support of these allegations, the class of plaintiffs argues that women comprise only 33% of the Wal-Mart managerial team, while they make up approximately 65% of the hourly employees.
Wal-Mart is vehemently denying the allegations, claiming that this lawsuit represents allegations brought by a handful of employees and does not reflect their overall treatment of more than one million women on their staff.
One of the central issues at stake was whether the size of the class action would pose an unmanageable situation for the pending litigation. While the federal appeals judges differed on this subject, a narrow majority seemed to believe that the large number of plaintiffs would not be an insurmountable hurdle. As a result, the case will move forward with more than one million women listed as plaintiffs.
However, Monday's ruling may prohibit women who no longer work at Wal-Mart from participating in the lawsuit. If so, this could reduce the size of the class action suit substantially.
Written by Andrew Martin: professional blogger and guru of misfortune.
Heather Locklear Charged in Hit-and-Run Auto Accident - Thursday, April 22, 2010
Actress Heather Locklear was allegedly involved in a hit-and-run auto accident near her home in Los Angeles last weekend. According to police reports, she crashed into a street sign near her home and fled the scene without reporting the auto accident.
Security cameras from the golf club community where the accident took place showed a vehicle registered to Locklear passing by, but there was no footage of her car hitting the sign. However, debris at the accident scene has provided sufficient evidence to prove Locklear's car was involved in the auto accident.
According to Locklear's lawyer, it is not clear whether she was driving the vehicle at the time of the auto accident. Police charged her with a misdemeanor hit-and-run offense, and she must appear in court next month to deal with the charges. It is uncertain whether there will be enough evidence to prove that Locklear was the driver.
This is not the first time Locklear has faced criminal charges for a driving violation. In 2008, she was arrested on DUI charges which were eventually dropped after she pleaded guilty to reckless driving instead.
If you have been injured in an auto accident caused by the negligence of another driver, you may be entitled to receive compensation for your damages. An experienced auto accident lawyer can make sure your rights are protected and that insurance companies deal fairly with you.
Written by Andrew Martin: professional blogger and guru of misfortune.
Questions Remain about the Safety of Yaz and Yasmin - Monday, April 19, 2010
Over the past decade, Yaz and Yasmin have become two of the most popular birth control pills on the market. Currently, Yaz is the best selling birth control pill in the United States. These pills contain a synthetic progestin called drospirenone, which was initially thought to be safer than other forms of progestin. However, there have been several studies published in recent years which claim that dorspirenone can cause a variety of health issues, including:
- Deep vein thrombosis (blood clots in the deep veins)
- Stroke
- Heart attack
- Gallbladder disease
These health problems have led to approximately 1,100 defective drug lawsuits against Bayer HealthCare, the pharmaceutical manufacturer that produces Yaz and Yasmin.
However, research on the safety of these birth control pills has produced conflicting opinions. Some studies have indicated that drosperinone does not pose a health risk to women, while others have demonstrated significant increases in safety risks. Currently, additional research is being conducted. Hopefully, the results of these new studies will shed greater insight on the safety of these birth control pills.
For now, women should be aware of the potential risks that may be associated with these drugs and weigh the available information when deciding whether to use Yaz and Yasmin.
Last year, the FDA issued a warning to Bayer for overstating Yaz's effectiveness in treating PMDD (premenstrual dysphoric disorder) and acne while downplaying potential safety risks in their advertising. Bayer has adjusted their ads to comply with the FDA's requests.
Women who are considering taking Yaz or Yasmin should discuss these risks in detail with their doctor and evaluate a variety of alternative contraceptive methods before choosing one to use. If you have suffered an injury as a result of taking Yaz or Yasmin, an experienced defective drug lawyer can help you receive the compensation you deserve.
Written by Andrew Martin: professional blogger and guru of misfortune.
Contact our Personal Injury Lawyers and Attorneys today to find an experienced motor vehicle accident lawyer near you.
