John Hopkins researchers reported that simple and inexpensive procedures such as hand-washing can have a drastic effect on the spread of dangerous infections within hospitals. According to the Centers for Disease Control and Prevention, about 90,000 Americans die every year from hospital-contracted infections. LA Times, LA Times 12/28/2006Read Article: LA Times
Friday, December 29, 2006
Sierra Club Joins Legal Battle Against Coal Plants
The Sierra Club is trying to join a lawsuit filed by Environmental Defense that would block the TX governor's plan to speed the approval process for the construction of 18 new coal-fired power plants. The lawsuit seeks to overturn an order that would speed up consideration of permits for the plants. Opponents of the plants argue that the TX governor lacks authority to set time limits on decisions by administrative law judges. The Associated Press, Ft. Worth Star Telegram 12/27/2006Read Article: Ft. Worth Star Telegram
Baton Rouge Federal Court Goes Digital
On March 1, 2007, all filings in federal court in Baton Rouge must be filed electronically. Only inmates or persons not represented by a lawyer will be allowed file paper except "special permission cases" as approved by a judge. The clerk's office offers an online tutorial and remote assistance via computer. The Advocate 12/28/2006Read Article: The Advocate
Wednesday, August 16, 2006
Judge Seeks Lawyers' Advice on Katrina Lawsuits
U.S. District Judge L.T. Senter Jr. of Mississippi wrote to the 180 lawyers who filed insurance lawsuits related to Hurricane Katrina claims, asking them whether the cases should be tried separately or in groups. Attorneys for insurance companies want the cases tried separately. You might know! Why would an insurance company make it easy? Plaintiff attorney Richard Scruggs is fighting to keep the cases joined in a mass action. Judge Senter handled the first Katrina-related trial that challenged insurance companies and may have a decision this week. Associated Press, The Advocate 08/15/2006 Read Article: The Advocate
Louisiana Municipalities Join Arkansas in Probe of Entergy Rates
26 municipal governments in Louisiana have joined more than other businesses, associations, consumer groups, and local government agencies in a request from by Arkansas Public Service Commission for a federal investigation into the business practices of Entergy Corp. The request asks the Federal Energy Regulatory Commission to look into whether Entergy is manipulating the cost of electricity generation and transmission. Nah, American corporations don't do that, do they? Mark Ballard, The Advocate 08/15/2006 Read Article: The Advocate
Need Insurance? Try the LA Dept. of Insur. Web site
The Louisiana Department of Insurance has a new link on its Web site to help residents find an insurance company. Of the 300 companies writing coverage in Louisiana, about 34 have joined a special database that allows residents to search names of companies who will write coverage south of I-10 in the state's major hurricane strike zone. Ted Griggs, The Advocate 08/15/2006 Read Article: The Advocate
Yeah! Insurers Extend Hurricane Claim Deadline, But There's strings Attached..
Most Louisiana insurers have agreed to comply with the state commissioner's request to extend the deadline in which homeowners can settle claims. Each of the 385 compliant companies has different conditions for their extensions. Sounds like Pres. Bush's prescription drug plan, doesn't it? Rukmini Callimachi, Houston Chronicle 08/14/2006 Read Article: Houston Chronicle
More fake-bake news! Cancer Rates Prompt Tanning Legislation
NY Times reports minors face restricted access to the indoor tanning industry as a result of increasing skin cancer rates. 19 states have been barred minors from using indoor tanning beds that the American Academy of Dermatology has labled a "health-peril equivalent" to cigarettes. Contradictory studies between health agencies and the tanning industry have caused a controversy over tanning guidelines. Paul Vitello, The New York Times 08/14/2006 Read Article: The New York Times
FDA fails us again: FDA Drug Directory Fails Inspection
LA Times reports the Department of Health and Human Services claims the FDA prescription drug directory is incomplete and inaccurate. The erroneous directory prevents the FDA from properly assessing recalls and medication errors, according to the report.
But, I thought there were no medical errors or faulty products. You know frivolous lawsuits and all that. Anyway, the FDA agreed with the findings and will work to fix its deficiencies. The Associated Press, LA Times 08/14/2006 Read Article: LA Times
What goes up, must come down: Problematic Elevators on the Rise
Several NY apartment buildings are failing to maintain proper operation of elevators. The FDNY has responded to over 11,000 elevator-related emergencies, which have doubled in frequency the past couple of years. According to a safety and health consultant on elevators, NY is among the most lenient on verifying repairs. Robin Stein and Mathhew Sweeny, The New York Times 08/15/2006 Read Article: The New York Times
Dell PC Batteries Recalled Due to Fire Hazard
New York times reports that Dell is recalling 4.1 million of its notebook computer batteries because they have a tendency to erupt in flames. The lithium-ion batteries used in these notebooks are also found in cell phones, digital cameras, and several other popular electronics. The batteries were manufactured by Sony, who sells its batteries to most of the major computer manufacturers. Damon Darlin, The New York Times 08/15/2006 Read Article: The New York Times
Cancer Treatment Linked to Heart Problems
The Journal of Clinical Oncology reported that radiation and the drug, Herceptin, are linked to certain heart problems. Radiation treatment in breast cancer patients is also exposed in the heart and coronary arteries, increasing the risk of future heart disease. Research of the drug Herceptin revealed a loss of pumping ability in the heart in addition to shortness of breath. Denise Grady, The New York Times 08/15/2006 Read Article: The New York Times
Monday, August 14, 2006
Wow...fake bake can be fatal. Concern Over Minors' Unregulated Use of Tanning Beds...

Studies have shown an increase in skin cancer among the population, but experts are most concerned about its incidence among young children. The goood-guys have been lobbying for laws restricting access to tanning salons for anyone under 18 or to have information posted in salons showing different types of skin cancer. Louis DiGioia, a tanning bed distributor, compares proposed legislation to telling people how to raise their kids.
But, is the analogy fair?
Some people don't just let their kids ride in the bed of a pick-up truck; they make ride in the bed of a pick-up truck. It's still dangerous, even if parents don't recognize the danger. Paul Vitello, The New York Times 08/14/2006 Read Article: The New York Times
Dr. Moreau comes to U.S. prisons: Medical Panel Wants Testing of High Risk Drugs on Inmates

NJ High Court Limits Use of Testimony Extracted by Hypnosis

Jury Verdict is a Major Blow to Lexington Medical Center in SC
A jury awarded the estate of Dr. Asif Sheikh nearly $30 million in damages for his death. The physician died after undergoing knee surgery at Lexington Medical Center and the hospital allegedly engaged in a "massive-cover up" in which records were lost or possibly destroyed. However, the hospital's insurer will not pay the full amount because of an agreement early in the trial and state law limiting the liability of public hospitals. John Monk, The State 08/12/2006 Read Article: The State
Medical malpractice at its most tragic level! High Risk of Medication Error for Kids With Leukemia

Veterans' Lawsuit Blames Military Weapon for Illnesses
Herbert Reed, an Army National Guard veteran, suffers from a number of serious ailments he believes were caused by exposure to depleted uranium. The military has been using the byproduct of enriched uranium to coat thousands of artillery shells and hundreds of tanks. Depleted uranium is 60 percent as radioactive as natural uranium; however, the Department of Defense maintains that it is safe and tests have not revealed any negative side effects. Deborah Hastings, Boston Globe 08/13/2006 Read Article: Boston Globe
Letter to the Editor: Allstate Defends Cuts in Wind and Hail Coverage
B-L-L-S-H-I-*....B-L-L-S-H-I-*....B-L-L-S-H-I-* An Allstate manager explains that the company's proposal to drop wind and hail coverage for about 12 percent of its Louisiana policyholders is good for business. The letter states, "This change would help Allstate manage risk in a way that is least disruptive to our customers, while also allowing them to continue their relationships with their Allstate agents." Letter to the Editor, Allstate, The Advocate 08/14/2006 Read Article: The Advocate
State Farm and Allstate Agree to Extend Prescription Deadline
The Louisiana State Insurance Department reports that State Farm and Allstate agreed last week to comply with extending the one-year deadline to allow their policyholders more time to file lawsuits over hurricane-related storm damage. State Farm agreed only if a new state law requiring the extension is found constitutional. If the courts do not uphold the law, State Farm will give policyholders 30 days from the date of the court ruling to file suit. Under the deadline extension, policyholders would have until Aug. 30, 2007, to sue for Hurricane Katrina damages and until Sept. 25, 2007, to sue for Hurricane Rita damages. Ted Griggs, The Advocate 08/12/2006 Read Article: The Advocate
Friday, July 21, 2006
Was it murder? Neglect? Or necessary for pain? Hurricane Patient Deaths Not an Easy Case
The Advocate reports (07/20/2006), legal scholars agree that proving a doctor and two nurses injected patients with the intent to kill them while stranded in a New Orleans hospital after Hurricane Katrina will be a huge challenge. One of the major questions will center on whether the injections were given with deliberate intent to kill or to ease pain. The problem is one of intent. Penny Brown Roberts, The Advocate Read Article: The Advocate
Wednesday, July 19, 2006
Nissan Altimas and Sentras Recalled
Bloomberg reports, over 200,000 sedans have been recalled for a faulty engine part that causes stalling. The 2006 Consumer Reports have ranked four Nissan models as the least dependable. A previous recall for 2006 models was due to complaints of excessive oil use and engine fires. Ripley Watson, Bloomberg 07/12/2006 Read Article: Bloomberg
Agreement Bars Surgeon from Practicing in U.S.
The Oregonian reports, Dr. Jayant Patel and the Oregon Board of Medical Examiners entered into an agreement that suspends Dr. Patel's license to practice in Oregon and bars him from obtaining a license in any other state in the U.S. until an investigation into alleged criminal charges, including patient deaths, in Australia is completed. The Oregon board says this effectively ends Dr. Patel's career because the case in Australia could take years to resolve. The Oregonian 07/14/2006 Read Article: The Oregonian
Who needs an autoclave. We have elevator fluid! Duke University Health System in Malpractice Limelight
Wow, Louis Pasteur just turened over in his garve. Forbes reports, A man is suing the Duke University Health system after his surgical instruments were washed in elevator fluid. Medical officials admitted to possibly exposing 3,800 surgery patients to the tainted instruments. They also claim the exposure was not harmful according to independent studies. The Associated Press, Forbes 07/14/2006 Read Article: Forbes
Money! Money! Money! Medications Unknowingly Altered
USA Today reports, pharmacies and healthcare companies are distributing compound/self-made drugs without informing doctors and patients. Chairman Senator Charles Grassley of Iowa claims maximizing profit may be their central motive. Who’s the main target? Medicare patients since the insurer pays brand-name costs and lacks compound drug-billing codes. Julie Appleby, USA Today 07/14/2006 Read Article: USA Today
USC Transplant Survival Rate Questioned
The LA Times says, the Los Angeles University Hospital reports a significant decline in liver transplant survival rates. USC falls below federal and state standards for government certification and funding. The California Dept. of Health Services will begin investigation in connection to the statistics. Charles Ornstein and Tracy Weber, LA Times 07/13/2006 Read Article: LA Times
Is the medical profession suborning perjury? Doctors Can Sue if Disciplined for Med Mal Expert Witness Testimony
Is the medical profession suborning perjury? Sounds like it to me! The Florida Medical Society and three Florida doctors are not immune from liability for their efforts to discipline a doctor who testified as a plaintiff's expert witness in a medical malpractice trial, according to a ruling by an appeals court in Tallahassee. Daily Business Review, 07/14/2006
Campaigns Foretell of Partisan Legislature
John Maginnis reports, the future Legislature "will have the deepest partisan divide between the two houses in modern state history." Maginnis associates the partisanship with early campaign efforts and term limits. In the House, Republicans could end up with a majority. In the Senate, Democrats could gain more power as 9 of 15 seats (60 percent) currently held by Republicans will be open. Eight of 24 seats held by Democrats (33 percent) will be open. La. Politics, John Maginnis, 07/14/2006
New Orleans Withdraws from Possible 2008 DNC Host Sites
Associated Press reports, New Orleans withdrew its bid as a host city for the 2008 Democratic National Convention because of the cost associated with the event. Still being considered are Denver, Minneapolis-Saint Paul and New York City. Cities in competition for the '08 Republican National Convention are Cleveland, New York City, Tampa-St. Petersburg and Minneapolis-Saint Paul. Associated Press, 07/14/2006
Developer Can't Find Insurance in New Orleans
The Advocate reports, a real estate developer wants to rebuild about 800 total housing units on the West Bank of New Orleans, but he can't get affordable insurance. Developer Howard Gyler is reported to have said, "People have said, 'Where's the private sector?' Here I am. Now get me insurance so I can go to work." A spokesperson for the property casualty insurance industry said insurance companies are pressured by too many risk factors ranging from high crime, theft of building supplies at construction sites, looting and vandalism, risk in reconstructing damaged buildings as opposed to new construction, and threat of future hurricanes. Chad Calder, Ted Griggs, The Advocate 07/14/2006 Read Article: The Advocate
Thursday, June 29, 2006
If you’re poor, and you die, hey, that’s the best we could do: Transplant Centers Not Meeting Standards for Federal Funding

Ah, quit whining! Go live somewhere else: Homeowners Being Driven Out of FL by Rising Insurance Rates

It might be your civic duty, but insurance lawyers will make it your hell: Insurance Attorneys Use Aggressive Tactic to Challenge Med Mal Verdict

Insurers Says 'Stiffed' Katrina Victims

Jon Haber, Association of Trial Lawyers of America, said, U.S. Homeland Security is being called to investigate reports of insurance companies improperly denying claims filed by victims of Hurricane Katrina. Haber said, "This isn't the first time policyholders who have dutifully paid their premiums for years and years have been stiffed by the insurance industry."
You’re hungry and no place to sleep, but "vhere" are your papers! New Medicaid Law Could Hurt Hurricane Victims

Once, twice, three times a victim: New Medicaid Law Could Hurt Hurricane Victims
Officials with the Louisiana Department of Health and Hospitals said the new Medicaid law that requires proof of American citizenship to receive benefits could pose hardships for hurricane victims who have lost personal documentation. Nine plaintiffs, who are American citizens, filed a class action lawsuit in Chicago say various circumstances prevent them from providing the required documentation. The new law is effective Saturday. Jan Moller, New Orleans Times-Picayune 06/29/2006 Read Article: New Orleans Times-Picayune
Wednesday, June 28, 2006
Greedy Doctors set up fake charities...

Doctors around the country have started setting up tax-exempt charities that have become conduits for money from drug companies and medical device makers. Some argue that these foundations are created to keep the industry money away from doctor's private practices. However, critics believe these funds often go towards studies that do little to advance science and sometimes go towards for-profit medical groups to cover business expenses or even pay part of doctors' salaries. Reed Abelson, The New York Times 06/28/2006 Read Article: The New York Times
Elliot Mainway & CPSC: Subjective Factors to Determine if Product is Defective

The CPSC proposes a rule change that would allow a manufacturer to consider several subjective factors to determine whether a product is "defective" and whether it must warn consumers about certain product hazards. Recalled toys are also included in the types of products affected by the rule change. The toy industry lobbied heavily to have the rules revised.
Electronic Medical Records Are More Easily Exposed to Theft

We need Doctors who care, not Tort Reform

Tort Reform Group Monitors State Attorneys General

Good Guys Win: Welding Case could influence thousands of other cases...

Tuesday, June 27, 2006
Boston Scientific Issues Second Recall of Faulty Heart Device

Emergency Room Visits and Waiting Times Increase

Train Crash Survivors and Volunteer Firefighters File Suit
The city of San Antonio, Bexar County and a sheriff's deputy are being sued over their rescue efforts in a 2004 Union Pacific train derailment. The derailment resulted in a deadly chlorine gas leak that claimed the lives of nearby residents. The lawsuit contends volunteer firefighters were kept away from the scene of the wreck even though they could have helped save lives. Elizabeth Allen, San Antonio Express News 06/26/2006 Read Article: San Antonio Express News
New Orleans Deadline Approaches for Damaged Houses

Republican Judge sticks it to working families, declares Louisiana Governor’s Katrina order illegal
Republican Judge Tim Kelley of 19th JDC ruled the Gov. Blanco "exceeded her authority" when she suspended the statute of limitations to give citizens more time to file lawsuits after hurricanes Katrina and Rita. Judge Kelley also ruled that the Legislature acted "improperly" when it ratified the governor's order. The court’s ruling helps insurance companies avoid liability by not paying those who, through no fault of their own, could not file suit timely because of Hurricane Katrina.
Judge Kelley said while the governor has such authority over agencies of the state, the courts are not agencies of the state. Plaintiff attorney Jeff Nicholson of Baton Rouge said an appeal is being prepared. Others speculate on the serious and far-reaching effect the ruling could have upon numerous lawsuits filed between Aug. 29 and Jan. 3. Penny Brown Roberts, The Advocate 06/27/2006 Read Article: The Advocate
Judge Kelley said while the governor has such authority over agencies of the state, the courts are not agencies of the state. Plaintiff attorney Jeff Nicholson of Baton Rouge said an appeal is being prepared. Others speculate on the serious and far-reaching effect the ruling could have upon numerous lawsuits filed between Aug. 29 and Jan. 3. Penny Brown Roberts, The Advocate 06/27/2006 Read Article: The Advocate
Good guys win! 11-Person Jury Orders ExxonMobile to Pay $5 Million in Asbestos Case

Monday, June 26, 2006
Doctors Have Upper Hand at Trial

The Ugly: Merck Seeks to Block FDA Whistle Blower's Testimony

Bad Faith: Use of Aftermarket Parts by Insurers is Focus of Debate

Caveat: Finding Insurance That Has Your Back, But Won't Stab You In The Back

Consumers are advised to weigh the cost of homeowners insurance against the coverage and how well prepared the company is to handle disasters. Article provides tips on buying insurance. Pamela Yip, The Dallas Morning News 06/26/2006 Read Article: The Dallas Morning News
More Insurance shenanigans: Insurers Say They Never Promised Rate Reductions

Problems with your car? You better live in the right place! Court Upholds Use of Regional Recalls by Automakers

Believe it or not: State created insurance company to pay $19.6 Million Dividend to deserving corporation...

Sensata Denies Allegations in Lawsuit Over Cruise Control Switch

Saturday, June 24, 2006
Xenophobia's one thing, but concentration camps are another! GOP candidate calls for labor camp…

Ann Coulter made a similar argument months back, which Fox News considered seriously during one of its Noise Machine segments.
Hey, folks, this kind of talk is seriously sick!
The Miami Seven: The gang that couldn’t shoot straight. A Major Terror Ring Or 'Al Qaeda Lite'?

Imagine, if you can, you’re President of the United States. You’re the only president in the history of the country to be appointed, rather than elected. Then, 9/11 happens on your watch! Now, you have to perform. With characteristic schoolboy bravado, you naively proclaim, “bring it on.”
You stake your entire presidency on the invasion of two countries. After all, you do command the strongest military in the history of the world. You can’t miss, right? You foolishly proclaim, “Mission accomplished,” before the last shot is fired. But, your tough talk and braggart ways leads to bloodshed with no end in sight.
Then, you’re caught spying on American citizens and coaxing major corporations into selling you personal data on private individuals. You’re caught searching international business records of Americans.
Couple international blunder after blunder with a soaring federal deficit, employment numbers that aren’t great, and a Misery Index that’s rising. Your job approval numbers are low and getting lower. Respected journalists consider you the worst president in the history the country. And, mid-term Congressional elections loom.
Ah, there’s the rub: mid-term Congressional elections.
If your party loses the House and the Senate, you’ll likely be the first president in the history of the country to be impeached and convicted. So what do you do to salvage your presidency? How do you avoid accountability?
When you’re the most powerful man in the world, you use that power to create conditions that save your presidency and keep your party in power. You do what’s always done. Find a scapegoat – a patsy – a Quasimodo.
Every generation has an anti-hero who can rejuvenate a political base and salvage control. In the 20s, it was Sacco and Vanzetti. In the 50s, it was Julius and Ethel Rosenberg. In the 60s, it was the Chicago Seven. Ah that’s it! Numbers and traitors… traitors and number…oh my!
Why not a “Miami Seven”? It’ll work. It has to work.
So under the direction of Alberto Gonzales and the FBI, seven men - Narseal Batiste, Patrick Abraham, Stanley Grant Phanor, Naudimar Herrera, Burson Augustin, Lyblenson Lemorin and Rothschild Augustine – from a Miami shantytown were arrested and charged with domestic terrorism.
But, something just doesn’t add up.
You stake your entire presidency on the invasion of two countries. After all, you do command the strongest military in the history of the world. You can’t miss, right? You foolishly proclaim, “Mission accomplished,” before the last shot is fired. But, your tough talk and braggart ways leads to bloodshed with no end in sight.
Then, you’re caught spying on American citizens and coaxing major corporations into selling you personal data on private individuals. You’re caught searching international business records of Americans.
Couple international blunder after blunder with a soaring federal deficit, employment numbers that aren’t great, and a Misery Index that’s rising. Your job approval numbers are low and getting lower. Respected journalists consider you the worst president in the history the country. And, mid-term Congressional elections loom.
Ah, there’s the rub: mid-term Congressional elections.
If your party loses the House and the Senate, you’ll likely be the first president in the history of the country to be impeached and convicted. So what do you do to salvage your presidency? How do you avoid accountability?
When you’re the most powerful man in the world, you use that power to create conditions that save your presidency and keep your party in power. You do what’s always done. Find a scapegoat – a patsy – a Quasimodo.
Every generation has an anti-hero who can rejuvenate a political base and salvage control. In the 20s, it was Sacco and Vanzetti. In the 50s, it was Julius and Ethel Rosenberg. In the 60s, it was the Chicago Seven. Ah that’s it! Numbers and traitors… traitors and number…oh my!
Why not a “Miami Seven”? It’ll work. It has to work.
So under the direction of Alberto Gonzales and the FBI, seven men - Narseal Batiste, Patrick Abraham, Stanley Grant Phanor, Naudimar Herrera, Burson Augustin, Lyblenson Lemorin and Rothschild Augustine – from a Miami shantytown were arrested and charged with domestic terrorism.
But, something just doesn’t add up.
First, there’s the perennial "Jeb Bush-George Bush" connection. You know Florida, the rigged election of 2000, the 9/11 terrorist connections, etc. Is it a matter of chance or design that the seven men accused of being Al Qaeda operatives were exposed by FBI undercover agents in a state riddled with questionable activity on behalf of President Bush and controlled by Jeb Bush, Florida’s Governor and the President’s brother?
Next, there’s the accusation that the Sears Towers in Chicago, which is thousands of miles away, was the target.
And then, there’s the Justice Department’s characterization of the Miami Seven. "This group was more aspirational than operational," FBI Deputy Director John Pistole said. What does “more aspirational than operational” mean? Those close to the operation called the Miami Seven "bungling wannabes."
Bungling wannabes? Is that another way of saying the Miami Seven are little more than contemporary Walter Mittys, “Al Qaeda Lite,” or simply “the gang that couldn’t shoot straight”?
The Miami Seven are accused of trying to raise an army. And yet, spokesman for the US attorney's office said, "We are confident that we have identified every individual who had the intent of posing a threat to the United States." What about the army they were raising? Where is it?
Ah, but something is rotten in Miami. The Bush administration insisted the November midterm congressional elections didn’t motivate the arrest. Or, did it? Read: Major Terror Ring Or 'Al Qaeda Lite'? Andrew Cohen Is Skeptical About Arrests In Miami Terror Plot
Wednesday, June 21, 2006
Holistic Dentists Become Target of Lawsuits

CA Bar Considers Rule on Disclosure of Malpractice Insurance

Nurses Claim Hospitals Conspired to Keep Wages Low

NY Judge Denies Disclosure of Defendant Doctor's Medical Records

How to Survive a 'Really Broken' Healthcare System

Video-Game Industry Granted Restraining Order for New Law

Proposed Bill to Improve Oversight of Drug Safety

Victim of Sexual Assault Sues MySpace.com

Tuesday, June 20, 2006
Sunscreen May Be 'Snake Oil of the 21st Century'

Fosamax Risks Becoming More Apparent

The Pigs are at the trough: Louisiana Legislators Vote Themselves Insurance Perk...

Monday, June 19, 2006
Medical Malpractice Reform Not Working in Georgia
Despite claims that sweeping medical malpractice reform would reduce insurance rates for doctors, a number of medical malpractice insurers in Georgia increased premiums. Some insurers raised liability rates for doctors and dentists by up to one-third. The state passed medical "reform" legislation in 2005 that restricted malpractice lawsuits; capped pain and suffering awards at $350,000; set tougher guidelines for expert witnesses and enticed patients to settle out of court. Associated Press, 06/15/2006
Side Impact Air Bags Can Significantly Reduce Risk of Injury
Several vehicles including the Chrysler 300 and Ford Five Hundred failed side impact crash tests performed without side air bags. The side air bags are standard equipment on 40 percent of 2006 models and should be standard on all models by 2009. Nick Bunkley, The New York Times 06/19/2006 Read Article: The New York Times
Private Judging Has Its Advantages
Many divorcing couples are turning to private judges because of the speed and convenience of a private trial. Courts in Dallas County are swamped, so hiring a private judge can be a way to "fast-track" a case and maximize a lawyer's time in court. This can lead to less expensive cases, but a California justice argues that the same dispute can keep coming up because no precedent is set in a private case. Mary Alice Robbins, Law.com 06/19/2006 Read Article: Law.com
Lawyer Claims Merck Canceled Vioxx Study After FDA Decision
Merck was planning a study on the cardiac risks of Vioxx but scrapped the project in March of 2002 soon after the FDA decided to tone down its warning about heart risks. The FDA and Merck agreed that a notice should be added in the precautions section of the drug's label rather than a more conspicuous warning section. Merck's former head of marketing claims the decision on the study and the labeling were merely coincidence. Linda A. Johnson, Houston Chronicle 06/16/2006 Read Article: Houston Chronicle
Jury Verdict Sends Message to Drunk Drivers
A family was awarded $28.2 million for the death of 33-year-old man who was hit by a drunk driver. The driver's blood alcohol level was twice the legal limit when his truck pinned the man between two vehicles and dragged him to his death. The driver was sentenced to seven years in prison for intoxication manslaughter and intoxication assault. Dallas News, The Dallas Morning News 06/19/2006 Read Article: The Dallas Morning News
Free markets? What free market? Drug Companies Face Lawsuits Alleging Price Fraud
A number of states are suing pharmaceutical companies for inflating drug prices, which adversely affects Medicaid and Medicare. The industry plans to vigorously defend themselves against these allegations and Baxter International claims "there is a great deal of transparency and has been for quite some time." The DOJ is confident that hard evidence will show overcharging by the industry. Tresa Baldas, Law.com 06/19/2006 Read Article: Law.com
Insurance Industry Controlled LIBA Pushes House To Vote Down Amendments For Homeowners Insurance Break
The Louisiana Association of Business and Industry (LABI) opposed House amendments that would have given you, Louisiana homeowners, a $50 million break on premiums after the hurricane season.
The Senate had added amendments to two spending bills that would have given Louisiana Citizens Insurance Corp. $50 million at the end of hurricane season to pay off bonds early. That would have offset the amount that Louisiana homeowners will be assessed to support the Citizens insurance program. Florida turned all of its $700 million surplus over to its state-operated insurance program, which eliminated the need for a homeowners' assessment. Lake Charles American Press, 06/19/2006
The Senate had added amendments to two spending bills that would have given Louisiana Citizens Insurance Corp. $50 million at the end of hurricane season to pay off bonds early. That would have offset the amount that Louisiana homeowners will be assessed to support the Citizens insurance program. Florida turned all of its $700 million surplus over to its state-operated insurance program, which eliminated the need for a homeowners' assessment. Lake Charles American Press, 06/19/2006
U.S. Supreme Court 'Fractured' Wetlands Ruling Could Impact Louisiana
A 5-4 ruling by the U.S. Supreme Court on a wetlands development issue is so "fractured" that one justice said "lower courts and regulated entities will now have to feel their way on a case-by-case basis." The court said the federal Clean Water Act may have been misinterpreted in a case that barred Michigan property owners from building a shopping mall and condo on wetlands that they own. Justices could not reach a consensus on whether government protections extend past waterways, which means lower courts will have to decide whether ditches and drainage outlets are included as part of a government-protected waterway and wetland area. The ruling could have significant impact upon Louisiana and the "taking" of property without due compensation. Lafayette Daily Advertiser, The Advertiser 06/19/2006 Read Article: The Advertiser
Panel Created to Redesign Health Care in Louisiana
The Legislature passed a resolution to create a 37-member panel that would recommend ways to improve health care in Louisiana. Panelists would be named from LSU and other medical schools, nursing homes, hospitals, pharmacies, business, lawmakers and others. Head of the panel will be Fred Cerise, secretary of the state Department of Health and Hospitals. The task is to tackle health care problems in the New Orleans area first, then the rest of the state. A final report would be due by Dec. 31, 2007. Will Sentel, The Advocate 06/19/2006 Read Article: The Advocate
If you commit corporate fraud and you can’t deny it, then attack the Courts that hold you responsible: Courts are Newest Target in Tort Reform Effort….
That’s the new tactic of tort reformers! Attack the courts instead of legislatures. Corporate defense counsel are urged to push for jury trials and challenge torts common law case-by-case before business-friendly judges. One corporate defense attorney said, "(T)he quickest and easiest way to change laws is through the courts…All you need are a couple of good rulings from an appellate court, and suddenly you have something to talk about in other jurisdictions and in your own." Critics say under the guise of asking for jury trials, they are really asking juries to "hickjack the law" and that it's "very easy to flimflam a jury" on complex issues. The American Justice Partnership, an attack-dog group formed in 2005 by the National Association of Manufacturers, promotes the tort-reform-in-the-courts effort. Read "Moving Toward the Fully Informed Jury" and a practice guide. ABA Journal, 06/19/2006
Saturday, June 17, 2006
Addicted to war...

Tuesday, June 13, 2006
What does Chickenhawk Karl Rove have in common with Dick Cheney and George W. Bush? They dodged the draft during the Vietnam War …

Trying to salvage the Bush administration, Chickenhawk Rove attacked John Kerry and Jack Murtha. Both Murtha and Kerry have distinguished military records as compared to Rove, Bush and Cheney.
We all know that George W. Bush was given preferential treatment during the Vietnam War by which he was allowed to enter, but never complete, military duty with the Air National Guard.
Dick Cheney was no better. After multiple DWIs, Cheney was eventually given a deferment from the draft.
As the Bush administration continues to spiral downward, the Blogs are buzzing with information about the draft-dodging efforts of Bush’s Brain, Karl Rove, during the Vietnam War. Here are some excerpts:
“Except for a lapse of several months, Selective Service records show presidential adviser Karl Rove escaped the draft for nearly three years at the height of the Vietnam War using student deferments....[Rover's]draft record and accounts from friends reveal a young man who didn't necessarily agree with the war and managed to avoid being drafted…. Far from being a conscientious objector, Gustavson [a friend of Rove] recalls, Rove's opposition to the war was political. He considered the conflict a ‘political skirmish that was not being properly administered.’"
Monday, June 12, 2006
More Guantánamo Newspeak...
Yesterday we reported on the suicides at Guantánamo, Cuba. We pointed out the use of Orwellian style Newspeak to confuse the public into believing that an act of desperation was actually an act of asymmetrical warfare.
Continuing that theme, The New York Times examines unspeakable aspects of American justice as applied at Guantánamo:
"[Guantánamo] is a place where secret tribunals sat in judgment of men whose identities they barely knew and who were not permitted to see the evidence against them. Inmates were abused, humiliated, tormented and sometimes tortured. Some surely are very dangerous men, committed to a life of terrorism and deserving of harsh justice. But only 10 of the roughly 465 men at the camp have been charged with crimes. The others, according to senior officers who served there, were foot soldiers of the Taliban or men who just happened to live in a country invaded by the United States after the 9/11 attacks."
Continuing that theme, The New York Times examines unspeakable aspects of American justice as applied at Guantánamo:
"[Guantánamo] is a place where secret tribunals sat in judgment of men whose identities they barely knew and who were not permitted to see the evidence against them. Inmates were abused, humiliated, tormented and sometimes tortured. Some surely are very dangerous men, committed to a life of terrorism and deserving of harsh justice. But only 10 of the roughly 465 men at the camp have been charged with crimes. The others, according to senior officers who served there, were foot soldiers of the Taliban or men who just happened to live in a country invaded by the United States after the 9/11 attacks."
Read: The Deaths at Gitmo
In Prisoners' Ruse Is Suspected at Guantánamo , The New York Times details the suicides. Most intriguing is the continued Newspeak. For example, one official described the suicides as “an attempt to influence the judicial proceedings in that perspective." This is a far stretch.
Read: Prisoners' Ruse Is Suspected at Guantánamo
Bush administration continues downward international spiral: The Chilean President Defied US Pressure to Oppose Venezuela's Security Council Bid..

"President Michelle Bachelet came to Washington on Thursday for a one day whirl wind trip that included a meeting with George Bush. Both exchanged pleasantries after the meeting, neither referring to the heavy-handed efforts of the Bush administration to pressure Chile to oppose Venezuela's bid for a seat on the United Nations security council....At a meeting of Latin American and European nations in Austria in May, President Bachelet, alluding to the growing US hostility towards the so-called "power axis" between Venezuela and Bolivia, stated: 'I would not want us to return to the cold war era where we demonise one country or another. What we have witnessed in these countries [Bolivia and Venezuela] is that they are looking for governments and leaders that will work to eradicate poverty and eliminate inequality.'"
Read: Bachelet Refuses to Back Down to Bush
Are Supreme Court Justices Roberts and Alito determined to judicially rollback the racial clock?

Read: Perhaps Not All Affirmative Action Is Created Equal
More Executive abuse of power: DOJ targets plaintiffs' law firm….

"The Justice Department's crusade against trial lawyers, the first line in the average citizen's protection against corporate greed, has taken a new low in the indictment of an entire leading law firm in the plaintiffs' bar."
Representatives Charles B. Rangel, Carolyn McCarthy, and Gary L. Ackerman of New York and Robert Wexler of Florida signed the statement.
It’s time for all trial lawyers to sever ties with the Republican Party. For decades, the Republican Party, along with the Chamber of Commerce, have been on a relentless campaign to discredit trial lawyers nationwide.
Read: 4 From Congress Defend Indicted Law Firm
Attorney Whistleblower Sues Orleans Levee Board
Former staff attorney Gary Benoit sued the Orleans Levee Board and two officials, claiming officials tried to force his resignation after he decided in September to tell the governor's office about illegal activities at the agency. Benoit worked for the levee board for 17 years. Frank Donze, New Orleans Times-Picayune 06/09/2006 Read Article: New Orleans Times-Picayune
Editorial: 'Overindulged' Nursing Home Industry Needs No More Special Breaks

Louisiana HB 613 would protect nursing homes from state budget cuts and is part of a "long, disturbing pattern" in the way federal Medicaid funds support long-term care in Louisiana. Instead of protecting nursing homes, legislators should pay more attention to the health of Louisiana citizens.
Editorial, New Orleans Times-Picayune 06/09/2006 Read Article: New Orleans Times-Picayune
Sunday, June 11, 2006
Bush administration’s newspeak continues: Is the U.S. at war with Saudi Arabia and Yemen?

Commenting on the 2 Saudis and 1 Yemeni who committed suicide at Guantanamo, Harris said:
“This was clearly a planned event, not a spontaneous event…I believe this was not an act of desperation, rather an act of asymmetric warfare waged against [the U.S.]”
"Asymmetrical warfare" is defined as "a conflict in which a much weaker opponent uses unorthodox or surprise tactics to attack the weak points of the much stronger opponent."
So, who will Bush bomb next for this asymmetric act of war? Saudi Arabia? Or Yemen?
Saturday, June 10, 2006
Wake up: the American Dream is over

“America has some of the worst urban sprawl in the world and also the most beautiful and well-protected wildernesses. Its politics is awash with lobbyist inspired corruption. Yet passionate political engagement among millions of Americans puts many other countries to shame.”
Sadly, however, Harris rhetorically asks:
“So in this land of black and white, we should not be too surprised to find some of the biggest gaps between rich and poor in the world. Such a yawning chasm is just the American Way, it would seem. Besides, the American Dream offers a way out to everyone. All someone has to do is work hard and climb the ladder towards the top. No class system or government stands in the way.”
Not so, Harris concludes, supporting his conclusions with startling statistics:
“Over the past 25 years the median US family income has gone up 18 percent. For the top one percent, however, it has gone up 200 percent. A quarter of a century ago the top fifth of Americans had an average income 6.7 times that of the bottom fifth. Now it is 9.8 times. Inequalities have grown worse in different regions. In California, home to both Beverly Hills and the gang-ridden slums of Compton, incomes for lower class families have fallen by four percent since 1969. For upper class families they have risen 41 percent.”
Was he beaten to death, or was he bombed? New questions raised about the death of Abu Musab al-Zarqawi.

The informant, identified only as Mohammed, said, “[al-Zarqawi] was still alive. We put him in the ambulance, but when the Americans arrived they took him out of the ambulance, they beat him on his stomach and wrapped his head with his dishdasha, then they stomped on his stomach and his chest until he died and blood came out of his nose."
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