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Archive for the 'Civil Law' Category

75000 Won in Fen-Phen SUit

75,000 dollars was awarded to Virginia Cavender from a jury in St Louis. The maker of the diet drug Fen-Phen was found in liable when the drug damaged Cavender’s heart valves.

The jury needed just over 6 hours of deliberation before returning the verdict. The jury found the drug compnay failed to warn users and also guilty of breach of implied warranty.

Cavender states shes used Fen-Phen for 2 months in 1996 in an effort to lose weight. Fen-phen was pulled from the stores in 1997 due to growing evidence of links between heart damage and the drug.

cavender won her claims of failure to warn and also breach of implied warranty, but a US judge granted a motion to the drug  manufacturer as a matter of law, the judges dismissed cavender’s claim for negligent failure to test and also breach of express warranty.

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Against Workers Comp Reform

This short video is an interview, and shows one mans argument against workers compensation reform.

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Avandia Maker Sued

A wrongful death suit has been filed against GlaxoSmithKline
creator of the drug Avandia. Avandia is a drug used treat diabetes.
Peggie stanford filed the suit in the US district court, eastern texas district. Her husband was just 60 when he died to a heart attack earlier this year.

Stanford had suffered a heart attack the very same day that the New England Journal of Medicine published findings from a study about wether or not Avandia opens users up to increased heart attacks.

This is the first lawsuit directed at the manufacturer for wrongful death. The company is also facing a suit from share holders, a class action suit, and a suit regarding personal injury. Peggie Stanford claims that GlaxoSmithKline made money in a indecent manner because they decieved people, including her husband, by withholding data of various studies. One of these studies was one in which Avandia was shown to increase the risk of heart attack. GlaxoSmithKline had 2.2 dollars in Avandia sales in 2006.

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uninsured motorist coverage

With hundreds of accidents in any given metro area monthly, many many people are left weithout hope of ever being compensated fully for their injuries. Unless they have the one coverage they need.

Uninsured motorist coverage.

For example California law  has required liability insurance for years, most states do. However California has a real problem with uninsured drivers. Estimates are at 23% of drivers have no insurance at all. We hope that lawmakers will design a solution.

San Diego has even higher numbers, on not only uninsured, but also unlicensed. How do you  protect yourself from an insured driver? Buy as much uninsured motorist coverage as you can.

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What to Expect from a Personal Injury Lawyer

This is an example of the level of service you should expect from a personal injury attorney.

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119 Million Awarded in Coal case

A Brooke County Circuit Court jury has  decided that Massey Energy will pay more 219 million in punitive damages to Wheeling-Pittsburgh Steel Corporation. The suit was in regards to a failure to deliver on  a contract.  The contract states that Massey Energy was to deliver 104,000 tons of coal per month to Wheeling-Pitt monthly.

The suit alleged that CWVE blamed production problems for its inability to deliver per contract. The plaintiff claims however, that the Massey company  rerouting coal from its contract to another marketplace in an effort to make more money.
The jury demanded Massey and CWVE to give Wheeling -Pitt 119 million in  compensation and 50 million each in damges punitive from both defendants.

Wheeling attorneys maintain  that when the price of coal went up worlwide that the defendants would short them coal and ship it worldwide.

Massey counsel is determined to appeal the ruling.
The jury ordered Massey and Central West Virginia Energy to pay Wheeling-Pitt $119.8 million in compensatory damages, as well as $50 million each in punitive damages from both parties. Wheeling-Pitt’s attorney stated that, “When the price of coal went up, Massey started cheating Wheeling-Pitt by shorting it and sending its coal abroad and making millions of dollars.” Massey’s executive vice president, Baxter Phillips, claimed that the company “will most certainly appeal.”

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Chapter 7 Assets Exemptions

How to claim your assets as exempt when filing a personal Chapter 7 bankruptcy. Your debts disappear and you can keep all or most of your assets.

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Stupid Laws in Maryland

Oral sex is not allowed in the state.

It is illegal to have thistles grow in your yard.

Its against the law to throw bales of hay from a second-story window within the city limits.

It’s unlawful to take a lion to the movies.

It is against park rules to be in a public park with a sleeveless shirt.

No “tramp” or “vagrant” shall loiter in any park at any time.

It is a violation of city code to sell chicks or ducklings to a child within 1 week of the Easter holiday.

You can spit on the road, but not on the sidewalk.

You cant curse in town.

Kicking stones into a public park is prohibited.

You may not swear while on the highway.

You  may not swim in the public fountains within the city limits.
All in all, Maryland don’t seem fun at all, no spitting, no cursing, No oral sex

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What to do if You Are Arrested


ACLU sponsored video on your rights with the police. See this even if you never plan on being arrested.

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Walton’s response about Libby


Judge Reggie Walton resp[onds to neocon scholars who side withScooter Libby.

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