Justice is a fickle thing...

Houston Settles Red Light Camera Contract Lawsuit

2012-01-24T16:15:00.003-06:00

It’s a source of great irritation to many drivers. It’s a bad idea for city officials. But, it's a bonanza for “entrepreneurs” who can make crime, however slight, profitable - $12 million in profits to be exact! And, the insult that is added to the injury is taxpayers picking-up the tab for a bad idea gone really, really bad.

KTRK-TV reports that the city of Houston agreed to settle a lawsuit filed against the use of red-light cameras. Last August, the city turned the cameras off and stopped issuing tickets but still had to deal with the contract with camera manufacturer American Traffic Solutions (ATS). In the proposed settlement, the city offered to pay ATS more than $12 million for breach of contract. $12 million, ouch! Demond Fernandez , KTRK-TV 01/21/2012 Read Article: KTRK-TV

Florida Jury Awards $168 Million in Malpractice Suit

2012-01-23T16:03:00.002-06:00

Charles Broward with the Florida Times Union reports that a Florida jury has awarded $168 million to a Clay County deputy who filed a lawsuit against Memorial Hospital Jacksonville over a botched gastric bypass surgery in 2007. The suit alleges that complications arose during the surgery which were not treated in a timely fashion, causing the deputy to suffer severe brain injuries due to "cardiac arrest and septic shock." The deputy still suffers lingering effects from the surgery, including inability to "walk, feed, clean and bathe himself." Charles Broward , Florida Times Union 01/23/2012 Read Article: Florida Times Union

Johnson & Johnson to Pay $158 Million to Texas

2012-01-22T13:54:00.003-06:00

It was just a matter of time before the ugly visage of the corporate vulture became public. At last, the pharmaceutical giant Johnson & Johnson has agreed to pay $158 million to the state of Texas on claims that the company “overcharged” Medicaid and “illegally promoted” the antipsychotic drug Risperdal. Johnson & Johnson “allegedly” over-hyped the benefits of the drug and downplayed its risks. The settlement is said to be the largest Medicaid fraud settlement in state history. David Sell, Boston Herald 01/19/2012 Read Article: Boston Herald

Lawsuit Alleges Group Benefits Overbilled

2012-01-20T15:15:00.004-06:00

The Advocate reports that a class actio has been filed because the Louisiana Office of Group Benefits "unwittingly" overbilled some PPO policyholders and dependents who had outpatient procedures at a hospital or other facility rather than a doctor's office. Plaintiff attorneys say the lawsuit may involve tens of thousands of claims. Read Article: The Advocate

Fracking For Shale Gas: Is It Safe?

2012-01-19T10:12:00.001-06:00

Environmental expert Wilma Subra (Subra Company) has compiled a fact sheet outlining human health impacts associated with hydraulic fracturing in development of shale gas. Fracking is a questionable technique used to produce shale gas. To learn more, follow this link to the Louisiana Environmental Action Network website.

Sarah Palin And The Pornography of Violence

2011-01-10T19:35:00.004-06:00

It was a chilling scene: Thomas Becket, Archbishop of Canterbury, flees to Canterbury Cathedral where services are in progress. Knights of Henry II find Becket at the altar, mercilessly drawing their swords and hacking the Archbishop until his skull splits open and he dies.

How did the murder come about? What was the motive? For sure, Henry wanted to consolidate his political power. If he eliminated Becket, he would remove a political obstacle.

Did Henry directly commission the knights to kill the Archbishop? No, Henry was more cunning; he used others as his tools.

History records Henry as saying, “What sluggards? What cowards have I brought up in my court, who care nothing for their allegiance to their lord? Who will rid me of this meddlesome priest?" Henry’s well-coined phrase, disguised ambiguity, rhetorical structure, falling on the right ears, was calculated to arouse the passions enough to inspire the right type of person to commit murder.

When Sarah Palin put crosshairs on Gabrielle Giffords and 19 other members of congress, she knew the image it would conjure and the passions it would arouse, if it infected the right set of ears. Palin’s crosshairs, Limbaugh’s vitriol, and Beck’s paranoia, all emerge from the same lust for power, each an exquisite example of the pornography of violence.

Injection Vials Recalled over Particulate Matter...

2011-01-08T11:18:00.003-06:00

Cumberland Pharmaceuticals Inc. has recalled six lots of Acetadote Injection because of particulate matter found in some vials. The company said the recall is a precautionary measure. Acetadote is a treatment to prevent or lessen liver injury after ingestion of a potentially toxic quantity of acetaminophen.

Staff Report, PR Newswire 12/30/2010 Read Article: PR Newswire

Shareholders Fight Back In Suit Against Johnson and Johnson

2011-01-06T17:30:00.002-06:00

Johnson and Johnson shareholders have accused the company of ignoring "red flags" that predated J and J product recalls and government investigations into J and J earlier this year.

The shareholders have sued company executives and have asked for damages. The suit claims the company received "years of red flag warnings of systemic misconduct" but did nothing.

The government is "investigating whether J and J illegally marketed drugs and devices for uses not approved by the Food and Drug Administration and paid kickbacks."

Read: David Voreacos and Alex Nussbaum , Bloomberg: J and J Directors Ignored ‘Red Flags’ on Recalls, Probes…

Insurers Sue Toyota Over Acceleration Crashes

2011-01-05T16:14:00.007-06:00

Toyota is back in the news!

Seven insurance companies filed lawsuits against Toyota Motor Corp. in an attempt to recover money they paid to cover crashes associated with sudden acceleration claims. The suits were filed in Los Angeles Superior Court and seek damages for more than $230,000 from 14 crashes in the U.S. But, here's the curious thing about the suit.

Insurers rate risk by the type of car the insured drives. Insurers reason that the owners of "certain cars" are a greater risk. Based on data that is very precise, insurers track the payouts for particular makes and models and the reasons for the payout. For example, insurers know the make and model of vehicles that have an unusual number of tire separations, accelerator problems, etc. Consequently, those owners generally pay a higher premium, a premium that reflects the fact that the insurers consider the vehicle unsafe. Insurers even send the data to the National Highway Traffic Safety Administration, who keeps it secret from the public until the problem becomes subject of a recall. Here's the irony.

Insurers never tell their insureds what they've uncovered about a vehicle, although the insureds premium reflect the fact the insurer considers the vehicle make or model to be a greater risk! Why? Because corporate friendly courts protect insurers by insulating them from liability for failing to notify policyholders about defects in vehicles that insurers track.

Associated Press, The Shreveport Times 01/04/2011 Read Article

Chrysler Recalls Dodge Ram Trucks and Dodge Journey SUVs

2011-01-04T10:08:00.003-06:00

Chrysler has announced a recall of 150,000 vehicles in three separate recalls to fix various problems. The recalls cover Dodge Ram trucks and Dodge Journey SUVs. The issues include steering problems and faulty rear axle components in the Ram trucks and faulty airbags in the SUVs. The company has not received any reports of injuries associated with the recalls. Ken Thomas, Forbes 12/31/2010

Insurer Sued Over Death Bets Gone Bad

2011-01-03T15:06:00.004-06:00

Leslie Scism of the Wall Street Journal reports that several insurers have filed hundreds of lawsuits during the past two years seeking to cancel life insurance policies that the insurers say were not intended as an "estate planning tool" but rather were crafted to enrich investors speculating on people's lives.

Some investors are striking back, saying that insurers encouraged sales to investors and that the industry called attention to the practice only when its profits were less than expected. Investors want insurers to honor the policies or refund all premiums they have paid. Some seek punitive damages.

So insurance isn't "speculating"? Says who? Who are insurers kidding? Isn't that what insurance is all about? The insurer is like the" house" at a casino. Insurance companies bet you will not die, not wreck your car, or will not get sick, etc, and the insured bets that he will die or will wreck the car, and will get sick!

Can you imagine what would happen in Las Vegas if the casino said, "Hey these games are for entertainment only; we should not have to pay off because some gamblers are good at it!"

Ford Recalls 15,000 Vehicles with Wiring Problems

2010-12-31T12:53:00.004-06:00

Ford Motors has recalled 15,000 trucks and crossovers to fix an electrical problem that can result in fire. The recall covers 2011 models of the F-150, F-250, F-350, F-450, F-550, Ford Edge and Lincoln MKX models. For more read Article: Kansas City Star

LWCC Pays $22.5 Million Dividend To Businesses While Workers Are Cheated

2010-12-30T11:16:00.008-06:00

It’s a daily occurrence at hazardous work sites throughout Louisiana. A worker is injured or killed and must depend upon workers compensation to provide income for medical attention, food, housing, education and clothing. That's how the system is supposed to work, but it is not reality.

In reality, the employer does everything in its power to prevent the worker from recovery. The most devastating weapons in the arsenal of employer assault are the Louisiana Worker's Compensation Corporation (LWCC) and the legal impediments to the worker hiring an attorney.

As originally conceived, the LWCC was a creature of the state, state-funded, state-controlled, favoring employers over workers. To make matters worse, Louisiana law limits the amount of money that an injured worker can pay to an attorney for legal representation. By contrast, employers are allowed to pay their attorney whatever it takes to win the case. A virtual David and Goliath legal battle takes place, but, here, the corporate Goliath always wins.

Recently, LWCC announced it would pay a $22.5 million dividend, to be divided among about 18,000 policyholders. The policyholders or employers! In 2009 LWCC paid a $15 million dividend to policyholders; over the past eight years, the business has paid out nearly $159.3 million in dividends. Meanwhile, workers are cheated.

Here in Louisiana, workers compensation is "checkbook justice" from beginning to end!

BP Caught Red-Handed in Conflict of Interest with Gulf Claims Facility

2010-12-29T12:21:00.004-06:00

The Center for Justice & Democracy, a citizens' advocacy group, isn’t about to back down from British Petroleum, the mega-national corporation that devastated the Gulf Coast.

The CJ&D has asked various Gulf Coast attorneys general to launch an immediate investigation into possible conflict of interest between BP and the administration of the Gulf Coast Claims Facility by Kenneth Feinberg.

The CJ&D letter objects to Feinberg serving as claims administrator while BP is paying his law firm $850,000 a month for legal fees! Hum... almost a million dollars a month in attorney fees!

CJ&D’s letter charges that “Mr. Feinberg, employed by BP, has decided on his own authority that all claims recipients must release all companies who caused this disaster from any and all legal responsibility, no matter how grossly negligent they were. This sweeping release, which assigns victims’ claims to BP, benefits only one actor: BP – the company that pays Mr. Feinberg’s salary."

Link to CJ&D’s letter!

Glucose Test Strips Recalled in U.S.

2010-12-28T10:58:00.004-06:00

Abbott Diabetes Care announced a recall of 359 lots of blood glucose test strips in the United States and Puerto Rico. The company issued a recall after it was discovered the strips may give falsely low blood glucose results. The false results may cause patients "to try to raise their blood glucose when it is unnecessary and to fail to treat elevated blood glucose due to a falsely low reading," the company said. See, Staff Report, PR Newswire 12/22/2010

U.S. Chamber Accused of Tax Fraud $$$$$$

2010-09-24T18:41:00.006-05:00

Taking on the "Big Boys" can be hard. And they don't come bigger than the U.S. Chamber of Commerce. But, one group has decided that enough is enough.

Critics of the U.S. Chamber of Commerce filed a complaint with the Internal Revenue Service, charging that the chamber violated tax codes by laundering millions meant for charitable work from a group connected with insurance giant A.I.G. The complaint was filed by the newly formed U.S. Chamber Watch, which is backed financially by labor unions. A chamber spokeswoman said the charges are a political ploy.

Read: Chamber of Commerce Accused of Tax Fraud

Read: Letter of complaint to the IRS, which presents a compelling case against the the Chamber.

The U.S. Chamber of Commerce has such a prominent presence that many Americans believe it is part of the federal government. Tom Donohue, chamber president and CEO, is the sixth highest paid lobbyist in the nation. With fall congressional elections approaching, the chamber plans to spend $50 million in about 40 U.S. House and Senate races. That amount is more than twice the combined cash holdings of the Republican National Committee and the National Republican Congressional Committee as of late May.

Read: Show Him the Money: Tom Donohue scares millions of dollars out of corporations and Republicans. But is his U.S. Chamber of Commerce good for business?

The U.S. Chamber of Commerce is the largest force for lobbying in America. In 2000, it spent $18.7 million on lobbing . In 2008, it spent $91.7 million. By 2009, the U.S. Chamber pumped in $144.5 million. It's lobbying costs are five times higher than the next highest spender, Exxon Mobil who weighs in at $27.4 million. The Chamber has more than 150 lobbyists from 25 different firms working on its behalf.

Gov. Bobby Jindal gets $25 million from BP for cleanup, but doesn't distribute the funds.

2010-05-31T19:12:00.003-05:00

This morning State Sen. Butch Gautreaux appeared on MSNBC.

Because Sen. Gautreaux is from St. Mary Parish, which borders the Gulf of Mexico, the reporter was interested in getting a clearer picture of just how bad the BP oil spill disaster will be for coastal Louisiana. Parishes along the Gulf of Mexico will, no doubt, be the areas most severely impacted by the devastating oil spill.

When asked if Pres. Obama's response to the oil spill was quick enough, Sen. Gautreaux said he personally witnessed US Coast Guard involvement shortly after the oil spill was reported.

After that question was answered, the interview really turned bad for Gov. Bobby Jindal.

The reporter then asked Sen. Gautreaux if Gov.Jindal's criticism of Pres. Obama was justified.

In response to that question, the senator dropped a virtual "political nuclear bomb" on Gov. Jindal.

Sen. Gautreaux said that, Friday, he learned BP gave Gov. Bobby Jindal $25 million to help with cleanup efforts in Louisiana coastal parishes. Sen. Gautreaux said Gov. Jindal has used a measly $3 million of the $25 million for cleanup efforts in the coastal parishes.

So, Gov. Jindal the question is "where has all the money gone... long-time passing?"

Gov. Jindal needs to make a complete accounting of his efforts to timely distribute the remaining $22 million.

The problems only get worse over time! So why wait, Gov. Jindal? Also, why weren't the funds immediately distributed to the coastal parishes to help with cleanup efforts?

Hopefully Gov. Jindal's tune about government response will change. Otherwise, we'll be singing, "Who took the cookie from the cookie jar? Bobby took the cookie from the cookie jar? If not you, then who?"

Tea Party takes the side of BP against Louisiana.

2010-05-21T12:36:00.007-05:00

It’s offensive, but it’s expected!

Today, Tea Party Republican Rand Paul took the side of BP against the people of Louisiana.

Determined to protect the British corporation, the Tea Party's Republican Senate nominee Rand Paul criticized President Barack Obama's handling of the Gulf oil spill Friday as putting "his boot heel on the throat of BP" and "really un-American."

Paul made his comment on Good Morning America. "I think that sounds really un-American in his criticism of business." Psst...Rand, BP's British; Louisiana's American. Do you understand the difference?

Paul further explained, "And I think it's part of this sort of blame-game society in the sense that it's always got to be somebody's fault instead of the fact that maybe sometimes accidents happen."

So what does “sometimes accidents happen” mean in Tea Party language? It means: Hey Louisiana, get over it, sometimes sh** happens.”

More BP Finger Pointing, But No Clean-Up

2010-05-13T11:17:00.007-05:00

They're at it again!

As the first congressional hearings into the incident prepared to get underway, the Bigwigs of Big Oil are doing their level best to lay blame on each other. They really...really...are!

So, here's the question: What happened to corporate responsibility and corporate governance? Enough finger pointing. You broke it; now fix it!

See H. Josef Hebert, Associated Press, The Advocate 05/11/2010 Read Article: The Advocate

The finger pointing begins: BP says it’s not responsible for accident

2010-05-03T15:37:00.008-05:00

By now, news of the disaster off the coast of Louisiana has circulated around the world. But, the finger pointing among the corporations responsible for the disaster is just beginning. BP's chairman claims that BP "is not responsible for the accident." In the corporate world, passing the buck is good business.

BP claims that Transocean, the owner of the drilling rig, is responsible for the accident.

This is not the first time that BP has failed to take responsibility for safety failures. BP caused a major casualty in Texas in 2005 and avoided liability for it. The safety problems at BP are so bad that the US Department of Labor called BP's safety failures "systemic."

Will BP eventually pay for the disaster? Probably not.

Exxon was found guilty of the Valdez disaster and ordered to pay $5 billion in punitive damages. How much has Exxon paid? NOTHING! That's right, not a penny!

So, don't hold your breath for BP to pay. Let the finger pointing begin!

Wrongful Death Suit Filed Over Toyota Crash

2010-02-03T12:54:00.003-06:00

The family of Trina Renee Harris has filed suit against Toyota Motors Inc. Ms. Harris was killed in an accident when her car sped through a stop sign and smashed into a cement wall. The accident occurred just weeks before the recall that would have included Ms. Harris’ 2009 Toyota Corolla.

The Houston Chronicle says Ms. Harris told her husband that she felt the accelerator moved on its own at times, but did not think anything of it.

This is yet another example of corporate indifference. It also highlights the failure of NHTSA to police corporate neglect. For years, the auto industry has virtually controlled NHTSA. And, our families have been the victims of corporate and government indifference.

The Harris suit is the third wrongful death lawsuit filed against Toyota in relation to the recalled vehicles.

For more, see Mary Flood, Houston Chronicle 02/01/2010 Houston Chronicle

Fire Risk Prompts Honda Recall

2010-01-30T16:35:00.003-06:00

Honda Motors Co. has begun a large-scale recall due to a defective part that could cause serious injuries or death to occupants. The recall invloves 646,000 units of the Fit/Jazz and City models globally, including 140,000 in the United States.

The cause: a defective master window switch could cause a fire.

One child burned to death after a fire broke out. Other cases have been reported.

For more, read Chang-Ran Kim, The New York Times 01/29/2010 Read Article: The New York Times

How partisan has the U.S. Court become? Very partisan!

2010-01-29T08:40:00.008-06:00

During Pres. Obama’s recent State of the Union address, Supreme Court Justice Samuel Alito, a standard bearer for insurance companies and corporations, stooped to the tactics of Republican S.C. Rep. Joe Wilson by mouthing "not true" when Pres. Obama said that the Supreme Court had wiped away "a century of law" that "will open the floodgates for special interests, including foreign corporations, to spend without limit in our elections." Take a look:

Before assuming office, Pres. Obama was a professor of constitutional law. Pres. Obama's criticism hit the proverbial nail on the head, which prompted Justice Alito's "Joe Wilson moment."

Plea Entered For Faking Drug Research

2010-01-27T15:45:00.006-06:00

On March 11, 2009, Scott S. Reuben, a Massachusetts anesthesiologist and former chief of acute pain at Baystate Medical Center, Springfield, Mass., admiteed he faked data for 21 studies for the efficacy of various drugs. At the time, Reuben was also a former "paid spokesperson" for Pfizer.

Recetnly, Reuben agreed to plead guilty to healthcare fraud in connection with research involving Vioxx, Bextra and Celebrex. Reuben could serve a 10-year prison sentence and pay a $250,000 fine.

James A. White, WSJ Blogs 01/25/2010 Read Article: WSJ Blogs

Toddler Death Sparks Crib Recall in U.S.

2010-01-25T10:21:00.003-06:00

Another tragedy that could've been prevented.

The recent death of a six-month-old child has prompted the recall of about 635,000 Dorel Asia cribs. The cribs are manufactured by Dorel Asia SRL.

The cause: The cribs have a drop-side that can detach from the frame, thus trapping and suffocating a child.

For more read: Andrea Chang, LA Times 01/20/2010 LA Times

Toyota Issues Massive Vehicle Recall

2010-01-23T09:58:00.008-06:00

Often, single car accidents are presumptively blamed on driver error. But, as is clear from the recent Toyota recall, driver neglect isn't always the cause.

Recently, Toyota Motors issued a 2.3 million automobile recall when it was discovered that accelerator pads may stick, causing the vehicle to unintentionally speed up. It's the second large recall in two months.

The recall stemmed from an accident in December where four people died when an Avalon sped off the road into a pond.

The recall covers car and truck models 2005 to 2010. This recall includes the 2005-10 Avalon; 2007-10 Camry and Tundra; 2008-10 Sequoia; 2009-10 RAV4, Corolla and Matrix; and 2010 Highlander. It also covers the 2009-10 Pontiac Vibe.

For details, read NY Times, The New York Times 01/21/2010 The New York Times

Fingertip Amputations Prompt Graco Stroller Recall

2010-01-22T13:35:00.005-06:00

Next time you take your child out for a stroll, pay attention to the stroller. 1.5 million Graco strollers have been recalled because several children’s fingertips were amputated or severely injured. Wow, amputated!

The strollers, which are manufactured by Graco Children's Products Inc., involve certain model numbers of Graco Passage, Alano and Spree Strollers and Travel Systems.

The strollers were made in China by Graco and sold at AAFES, Burlington Coat Factory, Babies R Us, Toys R Us, Kmart, Fred Meyer, Meijer, Navy Exchange, Sears, Target, Wal-Mart and other retailers nationwide from October 2004 to December 2009.

The cause: The stroller’s hinges pose a danger to children when opening or closing the stroller’s canopy.

These tragic, avoidable injuries underscore the need for a new “decade of corporate accountability,” leveling the playing field that today tilts too in favor of powerful corporate interests. There needs to be stronger oversight and the accountability of wrongdoers.

Settlement and Policy Change Reached In Train Deaths

2010-01-22T09:44:00.004-06:00

Too often railroads, and the public bodies who regulate them, turn a deaf-ear to the physical condition of the thousands of miles of railroad track that lace local communities. In this case, it was more than a deaf-ear, the railroad and public body simply closed their eyes. And, because they did, tragedy struck.

In July of 2008, two boys were hit and killed by a Maryland light rail train. The boys were struck by a northbound train that was on southbound tracks. The cause of the tragedy: vandalism on the northbound tracks and the train operator took his eyes off the track at a critical moment and could not explain why.

Recently, the families of two boys received a $1.5 million settlement from the state of Maryland. Along with the settlement, the Maryland Transit Authority has agreed to create new policies regarding trespassing and single-track operations.

To read more, see Michael Dresser and Julie Bykowicz, Baltimore Sun 01/21/2010, Baltimore Sun

Johnson and Johnson Recalls Medicines

2010-01-21T09:32:00.002-06:00

McNeil Consumer Healthcare, a division of Johnson & Johnson, recalled several hundred batches of Benadryl, Motrin, Rolaids, Simply Sleep, St. Joseph Aspirin and Tylenol because of a moldy smell upon opening. The recall came 20 months after numerous complaints were logged.

Once the FDA got involved, the plot thickened.

Last week, the FDA sent a warning letter to the company, noting that consumers not only complained about the moldy smell, but also complained about digestive problems like nausea, vomiting and stomach pain.

Coming clean, McNeil released a statement saying, chemicals used to treat wood pallets that transport and store product packaging were the source of the problem.

For more, read Natasha Singer, The New York Times 01/17/2010 The New York Times

Pendleton Memorial Methodist Hospital CEO Says Not Aware of Emergency Power Concerns

2010-01-20T16:04:00.004-06:00

During Hurricane Katrina, 73-year-old Althea LaCoste, whose ventilator depended on electricity, survived the initial power outage thanks to manual breathing assistance from hospital staff. But a medical expert for Ms. LaCoste said that she died some time later because of the strain suffered during that time.

The CEO of Pendleton Memorial Methodist Hospital, who was sued because of the death, said under cross examination that he didn't know previous executives documented concerns that the power generator system could fail if a first-floor fuel pump flooded in an emergency. That's exactly what happened during Hurricane Katrina. Ms. LaCoste died in the hospital after the storm.

The LaCoste case could establish a new standard of liability for hospitals in wrongful death due to disaster planning decisions. Pendleton's CEO should have known of the documented pervious concerns.

For more, read Bill Barrow, New Orleans Times-Picayune 01/16/2010 Read Article: New Orleans Times-Picayune

Study Finds Alarming Rate of Medication Overdoses Among Kids

2009-08-20T15:09:00.002-05:00

The American Journal of Preventative Medicine reports that more than 70,000 children are poisoned each year by prescription or over-the-counter medicines. This figure is more than twice as many children as are poisoned by other products.

According to the study, most children are poisoned by acetaminophen, which is used in Tylenol, or opioid painkillers and benzodiazepine antianxiety drugs.

Tragically about 75 % of overdoses occur in children under 5, the study found.

See, Nicholas Bakalar, The New York Times 08/13/2009 Read Article: The New York Times

MDs peddling BS: Shedding Light on Doctors’ Conflict of Interest

2009-08-19T14:27:00.003-05:00

The Washington Post reports that determining doctors’ ties with pharmaceutical companies and any related conflict of interest are often hard, if not impossible, tasks for patients.

The Physician Payments Sunshine Act, introduced by Sens. Chuck Grassley and Herb Kohl, seeks to relieve some of that burden by requiring all payments more than $100 made by a drug or medical device company to a doctor be reported.

Doctors justify the “pharmaceutical pay-off” saying that the "doctor/industry partnership" is often needed to help develop beneficial new drugs.

But, the “doctor/industry partnership" is circular reasoning. Here’s the effect: Doctors argue that, with the help of doctors, the pharmaceutical companies develop so-called "new drugs," which the doctors then prescribes to patients, who then pay "big bucks" for the "new-drugs," so that the pharmaceutical company can make "big bucks" to “pay-off” the doctors.

It appears that the “MDs” are peddling “BS.” See, Ibby Caputo, The Washington Post 08/18/2009 Read Article: The Washington Post

CPSC Recalls Toy Workshops and Trucks

2009-08-18T11:34:00.006-05:00

The Consumer Product Safety Commission announced a voluntary recall of five “Little Tikes” toys, after an infant choked on a plastic nail included in the sets.

The affected toys sets are the Electronic Project Workshop, the Little Handiworker Workhorse, the Home Improvements Two-sided Workshop, the Swirlin' Sawdust Workshop and the Black Pickup Truck with Tools.

Although the toys are intended for toddlers and not infants, the company said it is aware other children in a household may have access to the toys.

See, Ronald D. White, LA Times 08/14/2009 Read Article: LA Times

Medial Malpractice: Doctor Operated on Wrong Leg

2009-08-17T17:57:00.002-05:00

It was a patient’s worst nightmare.

In a sense, it added insult to injury.

Here’s the injury: An Oklahoma man has sued a surgeon of operating on the wrong knee. The patient even “marked” the correct knee with a “black marker.” Yet, the surgeon operated on the unmarked knee!

Now the insult: The suit claims that staff at the Bailey Medical Center in Tulsa tried to get him to consent to surgery to correct the error while he was still under the effects of anesthesia!

As a consequence, the patient may have to undergo a knee replacement surgery to correct damage caused by the botched surgery.

Next time you here “frivolous lawsuit” ask, which leg was marked, and which leg was cut off?

See: Matt Barnard, Tulsa World 08/14/2009 Read Article: Tulsa World($)

Bank of America Announced It Will Halt Forced Arbitration

2009-08-16T10:37:00.008-05:00

Finally, working families get some justice!

On August 13, the Bank of America Corp. (BOA) announced that it would no longer force arbitration of consumer debt. Recently, BOA settled a lawsuit brought by the Minnesota Attorney General to halt the unfair system that amounts to little more than "rigged justice," rigged in favor of credit card companies. In the past, BOA teamed-up with the National Arbitration Forum (NAF) in what amounted to "rigged justice" in debt collection cases. NAF and the American Arbitration Association (AAA) also agreed to stop forcing consumers to arbitrate in debt collection cases, a process that consumers rarely won.

The American Association for Justice Associate Director of Federal Relations, Julia Duncan said:

“While the decision by Bank of America to no longer rely on forced arbitration in consumer disputes is a positive step, it’s clear that Congress must intervene to protect consumers. Forced arbitration clauses are buried in the fine print of everything from credit card and cell phone contracts to employee handbooks and nursing home agreements. These clauses eliminate Americans’ access to the courts, forcing them instead into a private system set up by corporations to favor corporations. That is why Congress must pass the Arbitration Fairness Act and prohibit this abusive practice.”

To learn more about abusive forced arbitration clauses, see The Devil is In the Details - Forced Arbitration

New Louisiana Seat Belt Law in Effect Today, August 15, 2009

2009-08-15T12:41:00.004-05:00

Get ready! Today, August 15, 2009, a new Louisiana law goes into effect requiring "everyone" in a motor vehicle to wear a seat belt.

Louisiana State Police say they'll issue warnings until Oct. 1 to give the public time to get used to the new law.

Baton Rouge police say they'll give warnings for about two weeks before they start issuing tickets. Other new traffic laws go into effect on Saturday, too.

I'm for personal freedom, but it makes no sense for anyone to be in a moving vehicle without wearing a seat belt. So, although there's a "grace-period," everyone should "buckle-up."

Marsha Shuler, The Advocate 08/14/2009 Read Article: The Advocate

Judge OKs Testimony by State Farm Whistleblowers

2009-08-13T16:45:00.002-05:00

Two sisters, Cori Rigsby and Kerri Rigsby, claim that State Farm defrauded the government in the wake of Hurricane Katrina. U.S. District Judge L.T. Senter Jr. ruled that the Rigsbt sisters will be allowed to testify in their lawsuit against State Farm.

Monday, U.S. District Judge L.T. Senter Jr. ruled that Cori and Kerri Rigsby’s work as insurance adjusters gave them "relevant knowledge of the allegations at hand" and that the two should be permitted to testify.

The Rigsby sisters allege that State Farm wrongly denied claims arising from Katrina, shifting costs onto the National Flood Insurance Program.

Michael Newsom, Biloxi Sun Herald 08/10/2009 Read Article: Biloxi Sun Herald

New Study Finds Hospital Medical Errors Go Unreported

2009-08-11T11:20:00.002-05:00

In a series of articles, the Hearst Newspapers reports that many hospitals still don't report medical errors, even after a 1999 report called for reform! The report, authored by 22 doctors, demanded improvements in patient safety and a nationwide system to track hospital errors. But hospitals have been non-responsive.

The Hearst Newspapers found that, ten years after the report, many hospitals have been slow to institute change. Why the delay?

Lobbyist are one cause of the the problem. Lobbyist have fought against a national registry for hospital errors.

Cathleen F. Crowley and Eric Nalder, San Francisco Chronicle 08/09/2009 Read Article: San Francisco Chronicle

More On: Judicial Secrecy And Seroquel, Shrouded In Controversy.

2009-03-19T15:57:00.003-05:00

This is a follow-up to yesterday’s Judicial Secrecy And Seroquel, Shrouded In Controversy.

The Washington Post has an interesting article, “A Silenced Drug Study Creates An Uproar,” dealing with the Seroquel case. What started out simply as "Study 15" has become a serious problem for AstraZeneca, the makers of Seroquel.

Here's what happened.

Study 15, issued in 1997, the same year the FDA approved Seroquel, raised "serious concerns about an entirely new class of expensive drugs." Nothing gets the attention of a pharmaceutical manufacturer better than the manufacturer’s pocketbook. The thought that Study 15 might jeopardize an entire class of "expensive" pharmaceuticals was more than AstraZeneca could handle, so they buried the study.

AstraZeneca never shared the negative research data of Study 15 with doctors, opting instead to publish positive results for Seroquel based on "less rigorous studies.” Further, AstraZeneca minimized the metabolic problems that might lead to diabetes. In the process, AstraZeneca marketed Seroquel, collecting $12 billion over the past 3 years. That's right "$12 billion."

The details of Study 15 have emerged as a result of lawsuits filed nationwide. Taxpayer-funded research has found that new anti-psychotic drugs such as Seroquel are 10 times more expansive and did not really offer a "real advantage" over older anti-psychotic medications. In fact, they presented risks that AstraZeneca minimized.

The real problem here is more than corporate greed! Rather it's the problem of indifferent conservative judges who enter “secrecy orders” to protect corporate greed and prevent the dissemination of information such a Study 15. Judicial secrecy orders that compromise public health and safety need to stop now!

Judicial Secrecy And Seroquel, Shrouded In Controversy.

2009-03-18T18:50:00.006-05:00

Pharmaceutical manufacturers use "judicial secrecy" to protect themselves and hide evidence of a drug’s harmful side-effects, evidence the public has a right to know. But a group of lawyers have had enough.

Here’s what happened.

AstraZeneca manufactures Seroquel, the pharmaceutical trade name for quetiapine, a potent anti-psychotic that some believe mediate through antagonist activity at dopamine and serotonin receptors. Although the FDA had only approved Seroquel for schizophrenia and bipolar disorders, AstraZeneca had been marketing the drug to patients suffering from depression and anxiety, even though all disorders are not the same.

In 2001, Ted Baker, who lives in Bastrop, LA, was diagnosed with post-traumatic stress disorder, a depressive disorder. His doctor prescribed Seroquel. Baker, like many consumers of Seroquel, experienced “drastic weight gain” in a short time period. In 2004, Mr.Baker was diagnosed with Type II diabetes. However, Mr. Baker never knew and was never warned that the Seroquel had this dangerous side effect.

Now, after the fact, AstraZeneca wants the FDA to “expand” the use of Seroquel to include patients with depression and anxiety. Mr. Baker’s lawyers and many other lawyer believe that the “judicially sealed documents” surrounding Seroquel may well shed some light on the side effects of the drug. It seems that AstraZeneca “buried” unfavorable studies on the drug, according to an internal e-mail unsealed as part of litigation over the drug. The lawyers want all of the documents released to the FDA before the drug is officially approved for expanded use.

The problem, here, arises out of "judicial secrecy," which has been on the rise since the 1980s. It reached a climax in the 1990s. Without justification, indifferent conservative judges often willingly issue broad based "secrecy orders," protecting corporate predators and hiding evidence of inferior or bad pharmaceuticals from consumers.

To partially cure the problem, judicious secrecy needs to stop! To completely cure the problem, there needs to be corporate responsibility!

Here is the full release on the AstraZeneca case: Full release on the AstraZeneca case

Also, here are a few links to stories written on the case:

Associated Press: AstraZeneca challenges witnesses in Seroquel suit

Bloomberg: AstraZeneca Seroquel Studies ‘Buried,’ Papers Show (Update3)

You Won't Believe: Unpaid Parking Tickets Lead to Man’s Death

2009-03-16T15:14:00.003-05:00

This case is pretty amazing. Here's what happened. Police jailed Glenn Seldon for four days for driving with a license that had been suspended due to six unpaid parking tickets. Mr. Seldon, who had cancer, died nine days after being arrested. Mr. Sheldon's family claims that police officers denied him access to daily medication needed to keep infection and blood clots under control. John Marzulli, New York Daily News 01/20/2009 Read Article: New York Daily News

Residents of Independence, La., File Clean Water Act Lawsuit

2009-03-02T14:10:00.005-06:00

The residents of Independence, Louisiana, have had it! Enough is enough! they say.

With the help of the Tulane Environmental Law Clinic, residents of Independence, located in Tangipahoa Parish, Louisiana, filed a federal lawsuit in New Orleans alleging that, for almost two years, a $3 million shrimp processing plant in Independence has caused the city's water treatment plant to violate its permit.

Officials with the company, DoRan Seafood LLC, the accused, say the town's water treatment problems existed before the plant opened.

Independence has a large and very proud Italian-American population that holds a large Italian festival every year in April. Originally known as "Uncle Sam," Louisiana, Independence has retained its proud Italian heritage, including the "will to resist," the "will to fight."

Get ready for a good fight DoRan Seafood LLC; you will need it! Don't mess with Uncle Sam!

See, David Mitchell's article, The Advocate 02/26/2009

Preemption: The Theft Of Your Civil Liberties

2009-01-31T08:50:00.011-06:00

Help for workers and consumers is on the way. "Complete Immunity" is out; fairness is in.

Pres. Obama is poised to reverse the Bush administration's “COMPLETE IMMUNITY DOCTRINE,” a radically conservative doctrine that uses PREEMPTION to give complete immunity to negligent corporations. Preemption deprives workers and consumers of the right to hold wrongdoers accountable through the civil justice system. The Bush administration has used preemption to deprive Americans of several fundamental, traditionally American civil liberties, most notably the right to trial by jury and the right of access to the courts.

To reverse the injustice, the Obama administration needs to immediately implement the following:

(1) Issue an immediate stay order of all "non-final or recently completed rules" that PREEMPT state law protecting workers and consumers. At this time, there are 23 preemptive regulations, including several dealing with auto safety and products requiring FDA approval.

(2) Revise Executive Order 13132 on Federalism, instructing agencies and the courts regarding the Obama administration’s policy of "NO PREEMPTION TO DENY CIVIL LIBERTIES." The Obama administration should make it clear: PREEMPTION is THEFT of CIVIL LIBERTIES!

(3) Establish a White House office to coordinate and implement a "NO PREEMPTION TO DENY CIVIL LIBERTIES" policy, carefully overseeing the preemption language included in all federal rules.

(4) Utilize the rule making process to reinstate Congressional intent regarding the ability of injured consumers to hold medical device manufacturers accountable for injuries to consumers. In Riegel v. Medtronic, Sup. Ct. Justice Antonin Scalia "misconstrued the Medical Device Amendments of 1976," and gave all irresponsible medical device manufacturers "complete immunity" from claims regarding their Class III pre-market approved devices. The FDA needs to withdraw its August 2008 final rule regarding labeling. The rule discourages medical device manufactures and pharmaceutical companies from updating warning labels with hazard information without prior FDA approval, a blatant attempt to influence the Supreme Court’s decision in Wyeth v. Levine (argued November 3, 2008).

(5) Issue new rule making guidelines for rules containing PREEMPTION language. Agencies like the FDA and NHTSA have become SUPER-LEGISLATORS, implementing agency policies contrary to the Constitution’s separation of powers and explicit Congressional intent. Here are some examples:

70 Fed. Reg. 36094 (2005) and 73 Fed. Reg. 58887 (2008) give automobile manufacturers BLANKET IMMUNITY from lawsuits, literally a "get-out-of-jail-free" card, for making vehicles with an insufficient number of seat belts. Yet, many states have laws that make illegal for driver and passengers not to "buckle-up."

71 Fed. Reg. 76852 (2006) and 73 Fed. Reg. 72130 (2008) "establishes minimum security requirements for railroads to transport hazardous materials." This rule gives railroads COMPLETE IMMUNITY if they injure local residents, directly contradicting recent legislation.

Remember, PREEMPTION is THEFT of YOUR CIVIL LIBERTIES!

Federal 5th Circuit Court of Appeal Dismisses Katrina Death Claims

2009-01-26T10:25:00.005-06:00

The Federal 5th Circuit Court of Appeal, located in New Orleans, ruled that the federal government cannot be held liable for deaths of three elderly people during the aftermath of Hurricane Katrina.

The 5th Circuit Court of Appeal found the federal government was "shielded" from liability, although the government ADMITTED it didn't render aid in the wake of the storm.

Attorneys for family members of the victims had claimed the government should not be protected because it negligently failed to provide even the most basic aid to victims.

Making a mistake is one thing; "gross neglect," political opportunism, and political retribution is entirely another thing. Here the federal government didn't "just make a mistake;" Louisiana suffered a "political abortion" after Hurricanes Katrina and Rita.

Alan Sayre, New Orleans Times-Picayune 01/22/2009 Read Article: New Orleans Times-Picayune

Eli Lilly to Disclose Financial Ties to Doctors, a Drug Industry First

2008-11-29T20:16:00.002-06:00

It's about time!

In an effort to quell public anger, pharmaceutical giant Eli Lilly & Co. says it will create a "public database" listing the names of the physicians on Lilly's payroll for speaking engagements and consulting services. The AMA should prohibit doctors from hawking drugs for pay without public disclosure. The conflict of interest that is open and obvious with such practices is lethal with certain medications!

If it lives up to its pledge, Lilly will be a leader in the pharmaceutical industry toward greater transparency. Lilly's program is set to begin in 2009 and to be fully implemented in 2011. The Lilly program is modeled after federal legislation authored by Senate Aging Committee Chairman Herb Kohl (D-Wis.) and Finance Committee ranking member Chuck Grassley (R-Iowa).

Lilly decided to advance the transparency policies on its own because policymakers and the public are demanding drug companies be more open. Read: Jeffrey Young, The Hill, 9-24-08, Eli Lilly to disclose financial ties to doctors

Bush Administration Gives "Get Out Of Jail Free" Pass For Corporate Greed And Irresponsibility.

2008-11-24T11:46:00.003-06:00

Every American worker and consumer has a constitutional right to American courts. Civil justice is the only mechanism by which American workers and consumers can keep corporate greed and irresponsibility under control. This right is as sacred as the right of habeas corpus.

Beginning with the Reagan administration in the 1980s, the executive department has attempted to develop a "statutory method" that prevents American workers and consumers from having their day in court. The preventive feature, called preemption, consists of statutory language that makes it illegal for a state or federal court to hear the claims of workers and consumers regardless of the merits. It's hard to imagine any democratic system that takes away a man's right to complain, but "preemption" does just that.

During the remaining 60 days of Pres. Bush's term, the Bush administration is trying to "push" through 21 regulations that contain preemption language, virtually a "get out of jail free" pass for corporate greed and irresponsibility. The regulations constitute a major assault on the middle-class, working families, and consumers, including among other things limitations on lawsuits involving safety standards for over-the-counter drugs, sunscreen products, automobile roof crush safety standards and crashworthiness of railroad cars that transport hazardous materials.

View "Get out of Jail Free: How the Bush Administration Helps Corporations Escape Accountability." View a list of regulations . American Association for Justice, 11/20/2008

Dr. Frederick K. Goodwin, Psychiatrist Radio Host Tied to Drug Company Payments

2008-11-21T16:30:00.005-06:00

The U.S. Senate is investigating Dr. Frederick K. Goodwin, a psychiatrist and host of "The Infinite Mind," a popular NPR radio program. Goodwin allegedly received more than $1 million in fees fro m drug makers between 2000 and 2007. According to reports, Goodwin failed to disclose that he was receiving payments from drug makers for treatments covered during his radio show.

Goodwin's problems surfaced as part of a larger Senate investigation into potential conflicts of interest by doctors. The Senate investigation is lead by Sen. Charles E. Grassley (R-Iowa). Read Article: The New York Times

Wait until you read this: Dentist with History of Complaints Sued Over Breast Surgery

2008-11-17T12:33:00.003-06:00

As the fraud of the fabled and unsubstantiated "frivolous medical malpractice lawsuit" continues to wreak havoc on unsuspecting patients, more and more the public is exposed to the reality of how incompetent the American medical profession can be. Aside from unconscionable hospital charges and outrageous surgical fees, the tragedy of medical malpractice all too often proves that justice is a fickle thing. Here is a case in point.

Thomas Laney, a dentist and oral surgeon, had 10 lawsuits filed against him, one of which resulted in the death of a patient. Unable to continue practicing as a dentist and oral surgeon, Laney turned himself into a plastic surgeon. Now Laney, the dentist turned plastic surgeon, faces a lawsuit over a botched breast reduction surgery, where a teenage patient was left deformed with extensive scars. The family’s lawyer contends that the consent forms were invalid because the parents and patient were not "fully informed" about the Laney’s lack of training. Vanessa Ho, Seattle Post-Intelligencer 11/09/2008 Read Article: Seattle Post-Intelligencer

Bush Administration Blocks Safety Measures for Injured Consumers

2008-11-15T11:35:00.003-06:00

Pres. George W. Bush once described himself as "the decider." Well, some of the decisions of our lame-duck president are downright alarming.

In the waning days of an administration that is the most inept administration since the days of Herbert Hoover, the Bush administration has declared "all-out war" on the middle-class in an effort to protect "corporate welfare," "corporate irresponsibility," and "corporate greed."

"What the Bush administration is trying to do in its last days in office is downright frightening…(including) its rush to change at least 50 federal agency rules for the purpose of blocking safety lawsuits by injured consumers, providing immunity to negligent or irresponsible corporations." These actions endanger all citizens and "…undoing the damage must be one of the highest priorities of the new administration."

Joanne Dorshow, Center for Justice & Democracy, The New York Times 11/11/2008

Help Arrives: Appeals Court Rules Against Arbitration in Credit Card Case

2008-11-13T18:09:00.003-06:00

Arbitration is bad, really bad! The idea that a judge-for-hire can be just simply boggles the mind. Yet, it happens everyday. It happens to the average person without his knowledge. Here's how.

Whenever you sign up for credit card or open a brokerage account, you -- the consumer -- unknowingly sign an agreement to arbitrate any dispute you may have with the Company. Many times, the arbitration judge is actually named in the account forms, leaving the individual without any say in the matter. Not only is the arbitration judge rented, but he's pre-selected by the Company who prepares the forms that you sign.

Arbitration is a big business. Arbitration firms make hefty sum of money resolving all the disputes against the Company. As you can imagine, consumers more often than not loses. And the big winner is the Company who selects the arbitration judge.

Recently, a federal appeals court has ruled that plaintiffs seeking damages against American Express over an alleged conspiracy to overcharge customers for foreign transactions cannot be forced into arbitration. The 2nd Circuit Court of Appeals found that because American Express was not a signatory to other companies with mandatory arbitration agreements, the plaintiffs could not be compelled to arbitrate. The case is Ross v. American Express Co.

Read: Mark Hamblett, Law.com 11/11/2008 Law.com

The Future Is Uncertain For Asbestos Plaintiffs

2008-11-05T15:31:00.005-06:00

Sadly more than 1,000 plaintiffs with asbestos-related claims pending against Christy Refractories Co. LLC, a Missouri company, face an uncertain future following the announcement that the maker of heat-resistant products has filed for bankruptcy protection.

Plaintiffs in cases include workers exposed to asbestos in steel mills and other commercial and industrial spaces.

A bankruptcy court is expected to establish a trust fund for the suits until the company emerges from bankruptcy. Angela Tablac, St. Louis Post Dispatch 11/05/2008 Read Article: St. Louis Post Dispatch

Stricter Oversight, Harsher Penalties for Barge Industry Profiteers

2008-11-03T11:55:00.002-06:00

In an editorial, the New Orleans Times-Picayune said hearings on the recent Mississippi River oil spill reveals that the spill resulted from "numerous violations [by] and lax oversight” of barge-industry profiteers.

Like the recent meltdown in the financial sector, barge-industry profiteers are rarely punished and enforcement is loose, leaving the public to pay the heavy cost associated with the profiteers’ bad behavior.

The editorial called for more policing and harsher penalties for violators. Editors, New Orleans Times-Picayune 11/02/2008 Read Article: New Orleans Times-Picayune

Doctor Settles Class Action Over Unnecessary Care

2008-08-28T14:15:00.004-05:00

Adequate medical care is already too expensive for the average working guy and his family. For the most part, working folks can't afford decent medical care. It's unfair when doctors make the health care burden harder by performing "unnecessary medical procedures."

Here's one doctor that didn't get away with it!

Louisiana Medical Mutual Insurance Co., the medical malpractice insurer for La. cardiologist Mehmood Patel, has agreed to pay more than $3 million to settle claims against Patel, who performed unnecessary cardiac procedures on his patients.

Under the setlement, Louisiana Medical Mutual Insurance Co. will pay $ 2.75 million to settle plaintiff claims and $250,000 for claims against Acadiana Cardiology LLC. and Acadiana Cardiovascular Center LLC. Dr. Patel also faces federal criminal charges involving 93 counts of health care fraud.

Shay Randle, The Advertiser 08/28/2008 Read Article: The Advertiser

Indifferent Conservative Judges Try To Muzzle Dissenting Judge

2008-08-27T18:23:00.005-05:00

I have written often about indifferent conservative judges. For the most part, these judicial impostors have limited their attacks to judges they call "liberal activist judges." But, in an ugly Mississippi judicial proceeding, a cadre of judicial charlatans has tried to silence even the most moderate voice. Here’s the situation.

On August 23, 2008, the Biloxi Sun Herald (Diaz's dissent raises ruckus) reported that the Mississippi Supreme Court attempted to suppress the dissenting opinion of Justice Oliver Diaz. Let me repeat: The Mississippi Supreme Court ordered the clerk to hide the opinion of a dissenting judge! Diaz correctly called the Mississippi Supreme Court's decision "unprecedented." I have tried cases for 30 years, and I have never seen an instance in which a court "muzzles" one of its own members. To call such behavior "unprecedented" is an understatement. It is an outrage!

Here’s what got Diaz muzzled.

The Mississippi Supreme Court tried to throw out a wrongful death case, claiming the statute of limitations had run. Curiously, the Mississippi Supreme Court said that the statute of limitations begins to run on a death claim even before the individual died. Let me repeat: The Mississippi Supreme Court said that an individual had to file his death claim before he died. Not only did the Mississippi Supreme Court have to “stretch" to deprive an individual of his rights, but in doing so it reversed 150 years of case law and insulted commonsense.

In his dissent, Justice Diaz correctly wrote that it was "absurd" to think that a claim for wrongful death must be filed before the person dies!

But there is a story behind this story. Diaz, who took the bench as a conservative, angered his fellow conservatives because he often took the part of the "little guy" and "working families," as his dissent demonstrates. For Justice Diaz fairness was more important than pandering to big business and powerful corporations. Justice Diaz wanted no part of "checkbook justice, for which he received a judicial muzzle from the indifferent colleagues.

Dark clouds have gathered for justice in America. The fabled "liberal activist judge" has been replaced by real, mean-spirited, indifferent conservative judge, proving once again that justice is a fickle thing...

Stop Union Bashing: Judge Upholds Award for GM Workers

2008-08-22T11:28:00.003-05:00

General Motors Corp. illegally refused to allow "workers to switch from salaried positions to unionized hourly jobs." Five ex-employees of GM's former Allison Gas Turbine Division sued GM.

A jury agreed with the workers. The jury found that GM broke its promise that workers could switch from salaried positions to unionized hourly jobs at their request and awarded the worker $3.1 million.

Recently, Judge David F. Hamilton, chief judge of U.S. District Court in Indianapolis, has upheld a $3.1 million jury award against GM. In the ruling, District Court Judge David F. Hamilton was critical of GM, saying the automaker should be ashamed of its treatment of employees.

Staff, Indianapolis Star 08/16/2008 Read Article: Indianapolis Star

They Did It Again: AIG Wrongly Denied Claim for Veteran

2008-08-21T16:42:00.005-05:00

They're at it again!

American General Life Insurance Co. wrongly refused to honor a life insurance policy held by an Iraq war veteran who died while recovering from post-traumatic stress disorder, a lawsuit filed by the soldier’s parents claims. The soldier, Andrew White, joined the Marine Corps Reserve in July 2003 and served as a combat engineer, disarming "improvised explosive devices" and patrolling areas near Iraq's border with Syria.

Denying the claim, AIG has cited a previously undisclosed car accident involving the soldier as the reason for denying the claim. The lawsuit seeks the full value of the policy and other unspecified damages.

Ah...it's in their nature to find any reason not to pay! They're addicted to "bad faith."

Andrew Clevenger, The Charleston Gazette 08/18/2008 Read Article: The Charleston Gazette

Bad Guys Lose: American National General Insurance Company Hit For $60 Million in Punitive Damages

2008-08-20T11:38:00.005-05:00

"There's honor among thieves," so the saying goes. Think so? Not so fast.

A Utah jury awarded compensatory damages of more than $3 million and punitive damages of $60 million in a case involving deflection of another company's insurance agents. Texas-based American National Insurance Company and its subsidiaries American National Property and Casualty Company and American National General Insurance Company say they intend to ask for a retrial of all issues.

StreetInsider.com August 13, 2008 Read Article: StreetInsider.com

Guess Who's Running America's Hospitals

2008-08-19T12:41:00.003-05:00

Here's a pop quiz: Guess who's running America's hospitals?

If you said, doctors, you're wrong.

If you said, public health experts, you're wrong again.

But if you said, MBAs, you're right!

Business school graduates have replaced doctors and public health experts as CEOs of hospitals, at patients' expense. A shift that has its origin in the 1970s has evolved into a complete turnabout from the days when doctors ran hospitals. Read the article here. Maggie Mahar, Health Beat, 08/15/2008.

Amerigroup Corp. Settles Medicaid Fraud Claims For $225 Million

2008-08-18T16:54:00.005-05:00

Next time you hear that lawsuits against negligent doctors drive up the cost of medical care in the U.S, think fraud. Think, Amerigroup Corporation.

Amerigroup claims to be "the leading publicly-traded company dedicated exclusively to caring for the financially vulnerable, seniors and people with disabilities through publicly-funded programs."

Ah yes..."caring for the financially vulnerable, seniors and people with disabilities," right!

Recently, Amerigroup Corporation agreed to pay $225 million to settle federal and state claims that it defrauded the Illinois Medicaid program. The company is accused of "systematically avoiding enrolling pregnant women and unhealthy patients" because they are more expensive to treat.

So much for "the financially vulnerable, seniors and people with disabilities."

PRNewswire, PR Newswire 08/14/2008 Read Article: PR Newswire

If Your Daughter Has Been Rape At Halliburton, She May Have to Arbitrate Her Rape

2008-08-17T11:56:00.007-05:00

It's in our nature as Americans to insist upon "fair play." From politics to the pulpit, Americans want "fair play," especially when it comes to justice.

But now-a-days, Big Business doesn't "play fair;" they want a "stacked deck." They want a sure thing, a winning hand, especially when it comes to justice. But, this can be difficult to get when juries call the shots. So, how does Big Business stack the deck when it comes to justice? It's easy! Simply let an indifferent conservative court force arbitration.

The conservative indifferent U.S. Supreme Court has expanded a 1925 law to a level no member of Congress ever thought possible. They have allowed Big Business to create corporate owned kangaroo courts.

Corporate-owned companies like the National Arbitration Forum prostitute justice by limiting the liability of Big Business to insure that corporate dirty linen stays out of public courtrooms, hidden in the dark world of back room deals called mandatory arbitration.

Mandatory arbitration hides all manner of financial chicanery, and all manner of abuse of workers. Including rape! Just ask Jamie Jones.

Jamie Leigh Jones was 19 and working for Halliburton/KBR in Houston when she volunteered to go to Iraq. Four days after she arrived, she was drugged and gang-raped. Her enemy wasn't rebel militias, but thugs employed by KBR. Jamie sued. But KBR said, "No way the public hears these stories in court. This goes to arbitration."

Ah, justice is a fickle thing...

John Vail, Op-Ed, National Law Journal, 8-4- 08

Surprise, Surprise: U.S. Supreme Court Favors Corporations During Last Term

2008-08-16T13:28:00.008-05:00

Supreme Court’s decisions during the last term again revealed the court’s leanings toward general business interests. The court’s focus on punitive damages, the civil provisions of the Racketeering Influenced and Corrupt Organizations Act (RICO), preemption of state law and arbitration were a familiar return to issues of interest to business and industry.

Here's the interesting thing.

The Supreme Court has limited punitive damages and RICO civil penalties . Without a corporate death penalty, punitive damages and RICO civil penalties are there only thing we have to stop corporations from doing really bad things. Here are some examples:

Union Carbide leaked 40 tons of toxic methyl isocyanate gas, leading to the Bhopal disaster. The death toll of the disaster was about 3,000 initially, with at least 20,000 additional deaths from related illnesses in the years following the disaster.

The Exxon Valdez spilled 10.8 million US gallons (40.9 million liters) of crude oil and has been recorded as one of the largest spills in U.S. history and one of the largest ecological disasters in the world.

Or Enron's corporate abuse and accounting fraud that cheated working folks out of their retirement.

Finally, it's funny how "state sovereignty" is important except when states protect life over corporate profit. Then, the matter becomes federal preemtion and states must back off. While forced arbitration, especially in consumer cases, continues to undermine justice in America. See, National Arbitration Forum. Rent-A-Judge! How Arbitration Is Undermining Justice for Consumers

Ah well, justice is a fickle thing, isn't it?

Adam H. Charnes and James J. Hefferan Jr., Law.com 08/15/2008 Read Article: Law.com

Some Who Settled Katrina Damage Can't Sue State Farm For Fraud

2008-08-14T13:48:00.006-05:00

In a tragic case, U.S. District Court Judge L.T. Senter Jr. ruled that State Farm policyholders who settled Katrina claims through a state mediation program couldn’t sue State Farm for the same property damage.

The plaintiff, Eldridge Boyd, sued State Farm in June 2007, claiming State Farm "conspired with adjusters and engineers to underpay wind claims." Boyd said he was owed for additional damage because he knew nothing about the "conspiracy" when he went through mediation.

Judge Santer said, "No!"

The shame is that any agreement based on "fraud" isn't fair and isn't just. Insurance companies shouldn't be allowed to profit by their own fraudulent wrongdoing.

This case is another example of indifferent conservative judges who protect corporations!

The opinion was issued in the case Boyd v. State Farm. Anita Lee, Biloxi Sun Herald 08/13/2008 Read Article: Biloxi Sun Herald

Ford Motor Caught Cheating Again!

2008-08-12T14:01:00.004-05:00

A federal judge has ruled that the family of a man killed in a Ford Explorer rollover accident can move forward with a lawsuit against the automaker. In an amended claim, the family alleged that Ford withheld evidence in order to settle the case at a reduced sum. Plaintiffs in the case will seek unspecified damages for deceit, an attorney for the family said. Why did Ford Motor cheat? It's in their corporate nature! Margaret Cronin Fisk and Laurence Viele Davidson, Bloomberg 08/04/2008 Read Article: Bloomberg

Universal Healthcare Now! Chronically Ill Often Go Without Care

2008-08-11T15:08:00.004-05:00

Approximately one-third of working-age adults without insurance have been diagnosed with chronic illness, according to a new study. The report, to be published in the Annals of Internal Medicine, found that the growing numbers of uninsured patients in the United States are not receiving treatment for ailments such as diabetes or high blood pressure. Researchers estimate that at least 11 million patients diagnosed with a chronic condition may not be receiving adequate medical care. America needs universal health care now! Reed Abelson, The New York Times 08/05/2008 Read Article: The New York Times

State Farm Settles with Mississippi Attorney General

2008-08-08T12:13:00.004-05:00

State Farm Insurance Cos. agrees to pay $74 million to settle a complaint filed by the Mississippi attorney general over its handling of homeowner policies in the wake of Hurricane Katrina.

State Farm had previously refused to comply with a January agreement requiring the insurer to reevaluate homeowner claims. The original deal could have required Allstate to pay as much as $400 million in additional claims. Staff and Wire Reports, The Jackson Clarion-Ledger 08/07/2008 Read Article: The Jackson Clarion-Ledger

Justice Roberts Pulls A Scalia and Sticks It To Middle Class Investors Again!

2008-01-20T18:15:00.000-06:00

In Stoneridge Investment Partners v. Scientific-Atlanta Inc. and Motorola Inc., the U.S. Supremes stuck it to the middle class again.

A conservative Republican Supreme Court ruled that people who buy shares in companies that defraud them can't sue those who helped cook the books. The Supreme's "hey, suck it up" approach was not totally unexpected in view of the Supreme Court's unabashed protection of business fraud.

But hey, you who philosophize disgrace take the rag away from your face, cause now ain't the time for your tears. Here's the real outrage.

Supreme Court Chief Justice John Roberts, the pinnacle of honesty, pulled a "Jutice Scalia" move. At first, Roberts recused himself in the case, because he owned stock in Cisco, the parent company of defendant Scientific-Atlanta. But then, Roberts rejoined case and ruled in favor of the corporate thieves, after selling his stock in Cisco.

To add salt to the investor's wound, Solicitor General Paul Clement at first sided with the Securities and Exchange Commission, who sided with investors, but changed his position and sided with the corporate thieves in response to pressure from the Bush administration. (Here's the Clement's brief favoring the corporate thieves).

Texas Lawmakers Challenging Expanded Industrial Liability Shield

2007-12-18T12:10:00.000-06:00

Texas lawmakers, plaintiff attorneys and union groups are challenging a controversial Texas Supreme Court ruling that wrongly shields industrial plants from liability claims filed by contract workers.

Continuing the draconian tradition of protecting corporate greed, the conservative Texas Supreme Court ruled unanimously that a contract employee at an Entergy Gulf States plant could not recover damages for negligence, because workers’ compensation laws protected the company.

A bipartisan group a legislators has filed briefs with the court asking it to rehear the case. Clay Robinson, Houston Chronicle 12/10/2007 Read Article: Houston Chronicle

Medical Omerta: Healthcare Study Proves The Conspiracy Of Silence Among Doctors Is Real

2007-12-17T15:51:00.000-06:00

The tacit "communal" unspoken consensus is that "certain things" are NEVER discussed. Heck, we learned that as kids; no one wanted to "snitch" on a friend. The mafia called it “omerta,” the categorical prohibition of cooperation, even when one has been a victim. The "cover-up" exists in all walks of life except medicine, right?

"I swear by ...all the gods and goddesses," the Hippocratic Oath declares,"that I will fulfill according to my ability and judgment this oath and this covenant....Whatever houses I may visit, I will come for the benefit of the sick, remaining free of all intentional injustice, of all mischief and in particular of sexual relations with both female and male persons, be they free or slaves." For decades doctors assured us that their profession was different. Doctors denied the existence of a conspiracy of silence to "cover-up" medical errors.

But, a study conducted by researchers at the Massachusetts General Hospital reveals that doctors don’t practice what they preach when it comes to reporting mistakes or potentially negligent behavior among their colleagues.

The MGH study found that nearly half of the doctors who participated had failed to report incompetence, impairment or medical error by another doctor despite saying that such errors should be reported.

Alexandra Perloff-Giles, Harvard Crimson 12/06/2007 Read Article: Harvard Crimson

Effectiveness, Safety of Zetia and Vytorin, Cholesterol Drugs, in Doubt

2007-12-10T11:41:00.000-06:00

Zetia and Vytorin are two widely prescribed cholesterol drugs. Both drug are marketed and sold by Schering-Plough and Merck.

Cardiologists have been demanding Schering-Plough and Merck come forward with clinical trials to prove the drugs’ effectiveness and safety. Cardiologists fear that if the drugs prove to be less effective than advertised, patients may be putting themselves at unnecessary risk of heart attacks. Approximately 800,000 Americans are prescribed Zetia and Vytorin each year.

So far neither Schering-Plough nor Merck have published the results of Zetia and Vytorin trials. This ain’t Denmark, but something’s rotten here.

And this also ain’t Kansas, so the wizards at Schering-Plough and Merck better publish the data, if it’s true. 800,000 live depend on it!

Alex Berenson, The New York Times 11/21/2007 Read Article: The New York Times

We knew it all the time, didn’t we? Whistle-blower says defects hidden at Toyota-GM plant.

2007-11-23T11:55:00.000-06:00

Katy Cameron, a veteran auditor at a General Motors / Toyota plant in California, has filed a whistleblower lawsuit against the automakers claiming the managers intentionally overlooked serious safety flaws. Ms. Cameron says plant management routinely deleted defects that included brake and seatbelt problems. See, my Blog -- Good guys win: Hawaii Judge Finds for Plaintiff in Seatbelt Defect Case More about "whistleblower lawsuits."

As soon as she voiced concerns about the safety problems, Ms. Cameron was demoted and accused of suffering from mental instability. Yuri Kageyama, USA Today 11/20/2007 Read Article: USA Today

Trade Secrets Used To Block Disclosure Of Safety Concern

2007-11-08T16:58:00.000-06:00

It’s hard to imagine anything standing in the way of the public’s right to know when a corporation endangers the health and safety of a community. Yet, it happens every day under the guise of protecting a corporation’s “trade secret.”

Here’s a case in point.

California officials refuse to disclose the ingredients of a chemical pesticide sprayed over fields, homes, businesses and schools in Northern California. California say it can’t identify the “inactive ingredients” of the pesticide without violating laws “governing corporate trade secrets.”

Spraying of the pesticide was suspended after residents complained that the initial application caused asthma-like symptoms, burning eyes, rashes and stomach pains. This problem raises a basic question: How can any corporation have a right keep a safety hazard a secret? Read -- Paul Pringle, LA Times 10/18/2007 Read Article: LA Times

FDA Convenes on Cold Drugs for Youngsters

2007-11-07T16:46:00.000-06:00

A group of pediatricians told FDA advisers that cold and cough medicines should not be given to children under six years old.

An FDA panel is currently considering a petition that seeks government recognition that the medicines are ineffective and unsafe for children under six years of age.

Meanwhile, drug makers stopped the sale of over-the-counter medicines for toddlers citing potential for overdoses.

See, Andrew Bridges, LA Times 10/18/2007 Read Article: LA Times

The Star Chamber: Conservative La. Fed. Judge Dismisses Insurance Whistleblower Suit

2007-11-05T13:28:00.000-06:00

Conservatives have purged the judicial system of judges who are willing to protect the rights of the middles class and working families. Corporate America owns the federal judiciary. Terrible judicial decisions are to be expected. But, this really hurt Louisiana!

Here’s what happened.

Recently, U.S. District Judge Peter Beer, an icon of Louisiana conservatism, dismissed a lawsuit filed by several former insurance adjusters who were prepared to testify that a number of major private insurance companies systematically over-billed the National Flood Insurance program by shifting their expenses over to the federal flood program.

Judge Beer said the suit could be continued under a “different whistleblower lawsuit in Mississippi” that deals with denial of hurricane wind claims and possible fraud against the federal flood program.

The problem is that the “cheating” occurred in Louisiana!

That didn’t deter Judge Beer. He reasoned that the rules of the False Claims Act provide that a whistleblower lawsuit can't proceed if another on the same subject has already been filed. The Mississippi lawsuit was unsealed and became public knowledge after the Louisiana lawsuit had been filed.

We need a congressional investigation into the over billing of the National Flood Insurance Program, with demands to know why the U.S. Department of Justice and Homeland Security are not pursuing the matter. Read: Rebecca Mowbray, New Orleans Times-Picayune La. whistleblower suit dismissed

Check Your Doctor’s Bill. Consumers Facing Rise in Medical Billing Errors

2007-11-02T10:01:00.000-05:00

Who hasn’t looked at a doctor’s bill or hospital bill and said, “That can’t be right!” Well, it probably isn’t right!

Consumer advocates say, medical billing errors that range from a few bucks to tens of thousands are an increasingly common problem.

Medical Billing Advocates of America (MBAA) warns that coding errors, confusion over in and out of network providers, and high-deductible health plans are common problems in over-billing cases.

AP, LA Times 10/28/2007 Read Article: LA Times

HMO, Kaiser Permanente, Doctor Accused of Negligence

2007-11-01T14:20:00.000-05:00

A doctor accused of gross negligence in the deaths of at least 2 children he helped deliver remains on the job with the nation’s largest HMO.

Beginning in 2002, “doctors and nurses repeatedly” complained to officials at Kaiser Permanente that Hamid Safari posed potential risks to patients under his care.

How did Kaiser over the years respond? This year, Kaiser finally restricted Safari’s duties.

It’s reported that California regulators are seeking to revoke or suspend Safari’s license and have fined Kaiser $3 million for its handling of physician errors throughout the state.

Tracy Weber and Charles Ornstein, LA Times 10/16/2007Read Article: LA Times

Good guys win! Allstate to Reimburse Policyholders for Medical Claims

2007-10-31T16:17:00.000-05:00

Allstate Insurance Co. has agreed to reimburse thousands of Washington state drivers involved in a class action lawsuit against the company.

Allstate uses its medical bill review practices to arbitrarily limit payments for legitimate medical expenses incurred by policyholders.

The settlement covers an estimated 30,000 to 40,000 drivers who filed claims under personal-injury protection or Medpay coverage.

Phuong Cat Le, Seattle Post-Intelligencer 10/15/2007 Read Article: Seattle Post-Intelligencer

Drug Maker to Block Sale of Low Cost Cancer Drug

2007-10-26T09:50:00.000-05:00

The good and bad of money…money…. money!

Pharmaceutical giant Genetech makes Avastin, a cancer drug that is also used to treat macular degeneration, which causes blindness in the elderly. Genetech also makes Lucentis, a drug used to treat macular degeneration. And, that’s good!

But, here’s the problem: Retinal specialists prefer to use Avastin because of its cheaper, about $50 a dose, while Lucentis costs about $2000 a dose. And, that’s good!

If it keeps making Avastin, Genetech will lose $1950 per dose. So, Genetech has told retinal specialists that it not going to produce Avastin, because Lucentis is “really-really-no-joke-pinky-swear” better than Avastin. And, that’s bad!

Elderly folks can’t afford a drug that cost $2000 a dose to prevent blindness, so they’ll go blind. And, that’s bad!

Andrew Pollack, The New York Times 10/12/2007 Read Article: The New York Times

National Arbitration Forum. Rent-A-Judge! How Arbitration Is Undermining Justice for Consumers

2007-10-25T13:53:00.000-05:00

Troy Cornock is a regular guy, not unlike you and me. Like most us, Troy had never heard of the National Arbitration Forum (NAF). One day, Troy received a letter from NAF saying he owed money on a credit card.

Here's the problem: Troy never signed a credit card agreement, and Troy's ex-wife had made all of the charges. Ex-spouses are known to do that. Yet, the NAF ordered Troy to pay more than $9,000 anyway.

Troy’s story is just a small example of how “mandatory arbitration clauses” have pervaded the consumer landscape and prevented customers from getting their day in court. Rent-A-Judge and get the decision you want!

Gary Weiss, Forbes 10/11/2007 Read Article: Forbes

Tough-love? I'll say! Report Cites Abuse, Neglect at Youth Boot Camps

2007-10-24T16:45:00.000-05:00

Remember tough-love? You bet it's tough, more like brutal, if it's ever rational to use tough and love in the same sentence.

A recent Government Accountability Office (GAO) report found rampant abuse and neglect at many of the nation’s privately run boot camps and residential treatment facilities for troubled youths.

The GAO report showed that the management and employees of such facilities were rarely sent to prison, even when teenagers died in their care.

Responding to the report, House leaders said they plan to introduce legislation to bring the industry under federal control.

Diana Jean Schemo, The New York Times 10/11/2007 Read Article: The New York Times

SUVs Receive Marginal Ratings for Side Impacts

2007-10-23T11:27:00.000-05:00

Tests by the insurance industry revealed that some sport utility vehicles don't provide the side-impact protection that many consumers expect.

According to reports released Thursday by the Insurance Institute for Highway Safety, the 2008 --

Chevrolet TrailBlazer,

Jeep Grand Cherokee,

Nissan Pathfinder, and

Nissan Xterra.

All of these vehicles received marginal ratings in the institute’s 31 mph side-impact testing. Vehicles evaluated by the institute are rated good, acceptable, marginal or poor based on the results of testing.

Ken Thomas, The Washington Post 10/11/2007 Read Article: The Washington Post

Child Cough Medicines Recalled

2007-10-22T09:34:00.000-05:00

Johnson & Johnson has ordered a voluntary recall of certain cough and cold products for infants amid reports that misuse could lead to overdoses.

A Johnson & Johnson spokesman says the recall affects infants under two years of age who are particularly at risk for overdose if the products were not administered properly.

The products being recalled include: infants' Tylenol Drops Plus Cold; Concentrated Infants' Tylenol Drops Plus Cold & Cough; Pediacare Infant Drops Decongestant; Pediacare Infant Drops Decongestant & Cough; Pediacare Infant Dropper Decongestant; Pediacare Infant Dropper Long-Acting Cough; and Pediacare Infant Dropper Decongestant & Cough (PE) products.

The Food and Drug Administration issued a public health advisory earlier this year warning parents not give cough and cold medicines to infants and toddlers without a doctor’s direction.

AP, The Washington Post 10/11/2007 Read Article: The Washington Post

State Farm's Database Insufficient to Set Med Costs

2007-10-19T09:16:00.000-05:00

The Colorado Court of Appeal unanimously rejected State Farm Mutual Automobile Insurance's "exclusive computer database" to calculate medical costs.

State Farm used Sloans Lake Auto Injury Management, a medical database that compares physician charges against same or like services in a geographic region. The court conculded that the technique was arbitrary and unreeasonable.

The case is Pauline Reyher and Dr. Wallace Brucker v. State Farm Mutual Automobile Insurance Co. Insurance Journal, Insurance Journal 09/25/2007 Read Article: Insurance Journal

Jury Awards Punitive Damages Against Pharmaceutical Mfg. Wyeth

2007-10-18T09:54:00.000-05:00

Have you used Prempro or Premarin?

A Nevada jury ordered Wyeth, formally known as American Home Products, a prescription drug maker, to pay $99 million in punitive damages to three women, because the company’s menopause drugs caused cancer. Jurors had originally awarded the women $135 million in compensatory damages but the amount was later reduced to $35 million. Three other juries have found that the hormone replacement therapies, Prempro and Premarin, contributed to breast cancer.

Wyeth also manufactures over-the-counter (OTC) drugs like Robitussin and the analgesic Advil (ibuprofen).

Jef Feeley, Bloomberg 10/16/2007 Read Article: Bloomberg

Class Action Against Microsoft, Best Buy to Proceed

2007-10-17T08:44:00.000-05:00

They got caught! They got caught!

The Supreme Court, conservative bent notwithstanding, upheld a ruling Monday that will allow a class action lawsuit against Microsoft Corp. and Best Buy Co. to go forward.

The federal class action lawsuit involves thousands of consumers, just like you and me, that were cheated when Microsoft Corp. and Best Buy Co. surreptitiously charged them for services they did not want.

Microsoft Corp. and Best Buy Co. had asked the Supremes to dismiss the lawsuit which alleges violation of racketeering laws.

AP, LA Times 10/16/2007 Read Article: LA Times

Allstate to Reimburse Policyholders for Medical Claims

2007-10-16T14:12:00.000-05:00

Allstate Insurance Co. has tentatively agreed to reimburse thousands of Washington drivers involved in a class action lawsuit against the company. According to the lawsuit Allstate’s medical bill review practices arbitrarily limited payments for legitimate medical expenses incurred by policyholders. The settlement covers an estimated 30,000 to 40,000 drivers who filed claims under personal-injury protection or Medpay coverage.

Phuong Cat Le, Seattle Post-Intelligencer 10/15/2007 Read Article: Seattle Post-Intelligencer

Pattern of Greed 2007 Insurers' Profits Over Policyholders

2007-08-30T12:21:00.000-05:00

Recently, the American Association for Justice released a report showing that, after natural disasters such as hurricanes, the insurance industry has failed to pay even undisputed, “fair and valid” claims, while raking in profits in excess of $100 billion in two years.

The account is chilling. Here are some excerpts:

"Bob Kochran CEO of an engineering firm assessing Katrina damage for State Farm, said that he was asked to alter reports that the company did not agree with. In order to keep the State Farm contract, Kochran agreed to tell his engineers to "re-evaluate each 0f our assignments." One of the engineers, Randy Down, responded in an email, "I have a serious concern about the ethics 0f this whole matter.I really question the ethics 0f someone who wants to fire us simply because our conclusions don't match theirs." State Farm's attempt to unduly influence the engineers was exposed during litigation in Jackson, Mississippi."

.....

"Mississippi engineer Ken Overstreet similarly claimed that his reports on Katrina damage were altered by the insurance company he worked for on at least four occasions. In a report on the house 0f Mississippians Hubert and Joyce Smith, Overstreet wrote, "The winds out of the east would have racked the entire structure to the west and simply lifted the footings up." However, the report that the Smiths received said, "Due to the extent 0f the structural damage to the residence, the storm surge accounted for the damage." When Overstreet saw the final report he informed the Smiths that the conclusions had been changed. The Smiths' insurance company settled with them in March 2007."

Read: "Pattern of Greed 2007: How Insurance Companies Put Profits over Policyholders." American Association for Justice, 08/28/2007

I ain’t got no money: Insurer Offers Fire Protection for the Rich

2007-08-29T13:49:00.000-05:00

Sun Valley is an affluent resort community in central Idaho. Folks in Sun Valley don’t sing, “I ain’t got no money.” That’s because there’s lots of money in “them thar hills.”

The “wealthy residents” of Idaho’s Sun Valley are getting some added protection from recent wildfires in the form of a special wildfire protection unit deployed by insurer AIG (American International Group, Inc.).

At the cost of $10,000 a year, AIG will coat the homes of Sun Valley’s rich and famous with a fire retardant gel. AIG says their “service” makes “fiscal sense” rather than reimbursing owners for the cost of a multimillion dollar home. William Yardly, The New York Times 08/28/2007 Read Article: The New York Times

Blanco to Testify in St. Rita Nursing Home Trial

2007-08-15T11:52:00.000-05:00

Here's a very interesting criminal defense move.

A spokesman for La. Atty. Gen. Charles Foti said the St. Rita's nursing home trial is the first case in Louisiana in which the governor is compelled to testify.

Foti was unsuccessful in blocking defense efforts to call Gov. Blanco in the trial against the nursing home owners charged with the deaths of 35 patients in post-Katrina flooding. Defense attorneys argue that Blanco and other state officials failed to organize an effective evacuation.

Well, if Blanco should testify, then so should FEMA's Mike Brown and Pres. Bush. After all, the Bush administration had the resources and expertise to manage the disaster, but didn't.

Emily Kern, The Advocate 08/14/2007 Read Article: The Advocate

The smoking gun! Allstate Wants to Seal Hurricane Claims Manual

2007-08-14T14:51:00.000-05:00

Those protecting working families across America have asked U.S. District Court in New Orleans to keep Allstate Insurance documents open to the public from the first federal Katrina-related federal trial in Louisiana. The smoking guns include Allstate's claims-handling manual and instructions to adjusters.

The Foundation for Taxpayer and Consumer Rights and Public Justice filed a motion last week to oppose Allstate's request to seal key documents from Weiss v. Allstate, the case in which Slidell homeowners got a $2.8 million judgment against the insurer.

Weiss ultimately settled after the company asked for a new trial or a reduction of what it called an "irrational verdict." The groups say keeping the records public is a national issue because it shows how Allstate handles claims after a natural disaster.

It will be interesting to see if conservative judges come to the aid of insurers by hiding evidence of bad faith insurance practices.

Rebecca Mowbray, New Orleans Times-Picayune 08/14/2007 Read Article: New Orleans Times-Picayune

Adding insult to injury! Insurers to Ask for Homeowners Rate Increases

2007-08-14T10:43:00.000-05:00

Horace Mann Insurance Co. group and Amica Mutual Insurance Co. want to increase YOUR homeowners insurance by 21. 6 percent and 20.6 percent.

The request came at Wednesday’s meeting of the Louisiana Insurance Rating Commission.

Business Staff, The Advocate 08/13/2007 Read Article: The Advocate

Conservatives Judges Stick It To La. Working Families & Back Insurers

2007-08-13T15:09:00.000-05:00

The Federal 5th Circuit Court of Appeal, which is housed in New Orleans, stuck it to Louisiana working families again and unanimously ruled in favor of the insurance industry.

Using infamous ipse dixit reasoning, a cadre of conservative judges said homeowners insurance companies like State Farm and Allstate don’t have to pay the full value of the policy when a home is destroyed by a combination of flooding and hurricane wind damage.

Ruling came down in Chauvin v. State Farm Fire & Casualty. In Chauvin, State Farm argued that a draconian trial court correctly interpreted the policy language to mean that State Farm wasn’t responsible for damage caused by “manmade flooding from the levee breaks.”

Wow!!!!

Think about that for a minute. The court’s ipse dixit reasoning can be used to exonerate every insurance company! The guy who hit you from the rear didn’t cause your injury; the injury was manmade by the automobile company who failed to provide occupant protection.

Ah...justice is a fickle thing...

Rebecca Mowbray, New Orleans Times-Picayune 08/08/2007 Read Article: New Orleans Times-Picayune

Are Federal Courts Controlled By Judges Who Protect Corporations? Just Ask These Katrina Victims.

2007-08-03T09:07:00.000-05:00

For a long time, I've argued that working families can’t get a fair trial in federal court,because federal courts protect corporations. If you're a “doubting Thomas,” take a look at what happened to Louisiana working families in the U.S. 5th Circuit Court of Appeals.

A three-judge panel ruled that Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached the levees couldn’t recover money from their insurance companies for flood damages.

Using the ever-popular ipse dixit argument, the three-judge panel reasoned, "…the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."

As a result, a dozen insurance companies were handed windfall-profits, while working families got the shaft.

The ruling overturns U.S. District Judge Stanwood Duval decision that the policy language to exclude flood damage was ambiguous. Associated Press, New Orleans Times-Picayune 08/02/2007 Read Article: New Orleans Times-Picayune

Study says, Hospital Patients at Major Risk from Staph Infections

2007-07-08T12:57:00.000-05:00

In the most comprehensive survey of its kind, researchers have found that as many as 1.2 million patients are infected with drug-resistant staph infections each year.

The figure is more than 10 times that of previous estimates.

The study also found that between 48,000 to 119,000 more patients may be dying of infections each year than previously estimated. The study was conducted by the Association for Processionals in Infection & Epidemiology. Judith Graham, Chicago Tribune 06/25/2007 Read Article: Chicago Tribune

The Rule of Law: Fact or Fiction? Inns of Court and The Federalist Society

2007-07-04T17:13:00.000-05:00

When I began this piece, I wasn’t sure how much could be reasonably presented in a concise statement of the nature of the problem: is the rule of law fact or fiction?

For sure, America prides itself as a nation that lives by “the rule of law.” Law exist everywhere: statutes, ordinances, and judicial decisions. If there's a problem with the “rule of law,” the problem must arise where laws are made. Right?

Since most, if not all, forms of American government (local, state, and national) reflect a “divisions of power,” legislatures must be the source of the problem. But that's not the case. Legislatures merely reflect the biases of the generation in power. Rarely are the laws of a previous generation abrogated to make way for the laws of the new generation. Often, opposing principles are left standing without regard for the contradiction.

Where else then? The courts?

For sure, whoever controls the courts will control the interpretation of the law. But, legal hermeneutics originates elsewhere. It starts long before the appointment or election of judges. It begins with lawyers. Then it must be in our law schools. Wrong! Law schools rarely, if ever, educate in legal theory. No, it takes place in think tanks that, for the most part, go unnoticed because they're obscure. Let’s look at two.

Inns of Court

The Inns of Court began in England as a professional association to one of which every English barrister must belong. The English Inns of Court have supervisory and disciplinary functions over their members. Beginning in the late 1970s, U.S. Chief Justice Warren Burger led a movement to create U.S. Inns of Court. Burger, a Republican, was an Eisenhower appointee to the U.S. Supreme Court and an elitist.

Today, U.S. Inns of Court flourish. In many instances U.S. Inns of Court have denigrated into a place where judges and lawyers forge friendships that often reflect an underlying bias against “the rule of law.” It's the place where the young lawyer and would-be judge learns how to "think." There are literally dozens of such U.S. Inns of Court where membership is by invitation only.

The Federalist Society

The Federalist Society for Law and Public Policy Studies was founded in the early 1980s as a "conservative legal fellowship" attempting to mold judicial practice in the U.S. Notable members of The Federalist Society are Robert H. Bork, Orrin G. Hatch, Donald Paul Hodel, Edwin Meese, John Stewart Bryan,III, Chairman, President/C.E.O. Media General Cable, Joseph Cannon, C.E.O./Chairman, Geneva Steel, R. Crosby Kemper, III, President, United Missouri Bank, John G. Medlin, Jr., Chairman, Wachovia Corporation, Nicholas John Stathis, Vice President, Orpheon, Inc., Paul S. Stevens, General Counsel, Investment Company Institute, Robert L. Strickland, Chairman, Lowe's Companies, Inc., Kenneth Starr, U.S. Chief Justice John G. Roberts, Jr. The purpose of The Federalist Society is to proselytize, indoctrinate, and groom lawyers to become judges who “think right.”

Friends in high places: Conservative Republican Supreme Court protects corporate greed.

2007-06-22T15:23:00.000-05:00

Several recent decisions from the conservative Republican Supreme Court have accomplished what slick Dick Cheney and lobbyist Jack Abramoff were unable to do.

Dominated by the Far-Fetched Four, i.e. Roberts, Alito, Thomas, and Scalia, the conservative Republican Supreme Court has handed down decision after decision that hurt working families who try to protect themselves against corporation greed.

The Far-Fetched Four and their conservative compatriots have undermined public safety and have protected and promoted corporate greed by throwing out verdicts against tobacco companies and automakers and shielded various industries from various forms of liability.

How can anyone justify being "conservative" with justice?

David G. Savage, LA Times 06/21/2007 Read Article: LA Times

Conservative press says, Insurance Cost-Shifting by Allstate, Nationwide and State Farm must stop!

2007-06-20T15:31:00.000-05:00

Well it’s about time. Liberals have been saying this for decades. Now, conservative media, which usually turn a blind-eye to corporate greed, are starting to take notice.

Recently, New Orleans CityBusiness criticized Allstate, Nationwide and State Farm for selling as much as 95% of all federal flood insurance policies. Allstate, Nationwide and State Farm Considering are "raking in unearned profits at the expense of taxpayers" by shifting wind damage costs to the federal government.

CityBusiness argues, the “Multiple Peril Insurance Act” will lift the burden from property owners who now have to hire lawyers, engineers and adjusters to prove to insurers that wind, not water, caused damage. CityBusiness acknowledges that the proposal isn’t a complete fix to the problem, but it should make it harder for insurers to rip off or scam taxpayers.

Maybe so, but insurance companies own the legislature and will likely tighten their grip on government if the both houses of the legislature become Republican. In time, they’ll beat the system

Editors, New Orleans CityBusiness, 06/18/2007

Good Guys Win. Federal Judge Orders FEMA to Stop Abrupt Cutoff of Rental Aid

2007-06-19T09:49:00.000-05:00

The Bush administration doesn’t care about the Katrina-Rita Diasporas; that much is painfully clear. But, U.S. District Judge Ginger Berrigan apparently does.

Berrigan, who was a Clinton appointee, ordered FEMA to stop cutting off low-income rental assistance to Katrina-Rita hurricane victims without giving them advance written notice and letting them know they have a right to a hearing.

In her ruling, Berrigan states that FEMA appears to treat plaintiffs as "gnats to be brushed away." The ruling also states, "FEMA has been created by Congress and the President to serve the needs of citizens at their darkest hours, which for some citizens are being now measured in terms of years." Susan Finch, New Orleans Times-Picayune 06/16/2007Read Article: New Orleans Times-Picayune

Hiss! Health Officials Withheld Cancer Evidence

2007-06-18T15:14:00.000-05:00

How nasty can you get.

The Minneapolis Star Tribune reports that Minnesota Health Department withheld information about asbestos-related cancers that killed 35 miners. The Star uncovered documents that exposed the nasty behavior.

The recovered documents showed that Minnesota Health Department officials had known for over a year that mesothelioma caused the deaths of more miners than previously suspected but failed to disclose the information despite urging by scientists.

Health officials have defended the silence saying they did not want to raise alarm without concrete evidence.

Yeah... right!

David Shaffer, Minneapolis Star Tribune 06/16/2007 Read Article: Minneapolis Star Tribune

Habeas corpus is AWOL. Habeas corpus, phone home.

2007-06-17T15:58:00.000-05:00

It was called the “Great Writ.” The English jurist, Sir William Blackstone, dates the “Great Writ” to 1305, when brutal Longshanks, Edward I, ruled England. If you haven’t read the book but have seen the movie, Longshanks is the guy who threw his son’s lover out of a castle tower. You remember…Braveheart…Mel Gibson…William Wallace, the Scottish freedom fighter.

Anyway, the “Great Writ” has been around for 700 years. Back then it was called habeas corpus ad subjiciendum. Today it’s simply called habeas corpus. As the eminent Blackstone explained, it was a command, mind you, in the name of the King, to explain why a person’s liberty was restrained, wherever and whenever that restraint occurred.

In Western legal tradition, the writ of habeas corpus is pre-eminent, as every freedom loving American knows. Heck, it prevents the U.S. government from being arbitrary. You know, simply holding a person without due process. Right? After all, it’s enshrined right there in the Suspension Clause of the U. S. Constitution, Art. 1, Sec. 9, Clause 2, which reads:

“The privilege of the writ of habeas corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it.”

Yet, on October 17, 2006, the writ of habeas corpus itself went missing. That’s right, habeas corpus is AWOL. That’s the day a Republican Congress and the Bush administration signed the Military Commissions Act into law. Now the U. S. government can hold anyone without due process, even without a preceding rebellion or invasion!Wow…now that’s radical.

Recently, Habeas Corpus briefly surfaced in the 4th Circuit Court of Appeals. Taking the Suspension Clause of the U. S. Constitution seriously, the 4th Circuit ordered the Pentagon to either charge Ali al-Marri in the civilian court system, deport him, hold him as a material witness or release him.

But alas, soon thereafter, habeas corpus went AWOL again.

Habeas corpus, phone home.

Star Chamber - State Farm Insurance Compnay

2007-05-15T21:07:00.000-05:00

In England, the Star Chamber (Camera stellata) reigned from 1487 to 1641 when it was abloished. It wasn’t a tribunal of justice. Rather, it was political and not unlike many courts of today.

I’ve litigated against insurance companies for 30 years. The fraud and deceit that goes on daily in civil courtrooms across America is appalling. Until recently, most judges were on the side of working folks; they actually looked out for workingmen and workingwomen.

Not so any more. Thing have changed.

The federal courts make it expensive and difficult for workingmen and workingwomen to find justice there. For all practical purposes, federal courts purposely skew the rules in favor of insurance companies and big corporations. Judges in the federal system are appointed for life, so there’s no way to get them out.

Insurance companies and big corporations are slowly dominating the state courts. Like their federal counterparts, state courts are a sanctuary for bad faith corporate and insurance practices.

From time to time my Star Chamber segment will show case the abuses that stem from “pocketbook justice,” where money rather than justice reigns.

This posting of Star Chamber looks at State Farm Insurance Company.

State Farm Insurance Companies is being pounded in Louisiana, Mississippi, Oklahoma, and rightly so. State Farm’s been accused of hiring an engineering firm that “fixed” its reports to support State Farm’s defense. See: Documents That Suggest Fraud by Insurance Companies in the Handling of Katrina Wind and Water Claims

Now, it’s inconceivable that courts in America let State Farm get away with this type of unfair and unjust behavior, but they do. Does America have an independent judiciary or a star chamber?