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Vermont Widow Sues Vulto Creamery for Husband’s Death Due to Listeria Contamination

cheese recall - Vulto Creamery

Veronica Friedman, the widow of Vermont resident Richard Friedman, who passed away on Nov. 2 due to a listeria-related stroke, has named Vulto Creamery in a wrongful death lawsuit. Vulto is a New York-based raw milk creamery from which Friedman says her family bought cheese in early October. When Richard Friedman began experiencing symptoms of listeriosis, he went to the emergency room at Brattleboro Hospital on Oct. 11, then was transferred the next day to Dartmouth-Hitchcock Medical Center. A week later he was transferred to Mt. Ascutney Rehab in Windsor where he suffered a massive stroke. Richard was then airlifted back to Dartmouth Hitchcock, where he ... Read More

Access to justice: Bills To Strip Citizens of Rights to Sue Corporations Introduced to House

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House Republicans have introduced a series of new bills that threaten access to justice, aiming to make it very difficult, and in some cases impossible, for an American citizen to sue a corporation, even in cases of serious injury and death. House Resolution 985, the so-called “Fairness in Class Action Litigation” Act, is one of two proposed laws that could effectively dismantle citizens’ rights to hold companies accountable under the law. The bill introduces several new restrictions and qualifications that take aim at class actions by fettering them with complications, such as barring judges from certifying class actions if any ... Read More

Analysis: ‘Judicial Hellhole’ designation motivated by big business, not accurate assessment of talc litigation

talc justice

Missouri Lawyers Weekly recently talked to Thomas Stewart, director of the trial advocacy program at Saint Louis University School of Law about his city’s reputation and tort reform in regard to the recent talc litigation. “So much of this tort reform business is based on the idea that you file your case in the city of St. Louis, and the jury automatically gives you money. Of course that’s nonsense,” Stewart said. “City judges and juries analyze on a case by case basis.” St. Louis drew the ire of tort reform groups last year, when three separate juries returned verdicts for plaintiffs ... Read More

Lab Animal Company Pays U.S. $1.8 Million To Settle FCA Allegations of Improper Billing

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A company that provides laboratory animals to the National Institutes of Health (NIH) has agreed to pay the U.S. government $1.8 million to settle a False Claims Act (FCA) lawsuit claiming the company fraudulently charged for labor and other costs that were never actually provided. Charles River Laboratories International Inc. holds contracts with the NIH to develop, provide, maintain, and distribute animals to NIH for medical and biotech purposes. According to the U.S. Department of Justice (DOJ), the Wilmington, Massachusetts-based corporation billed the NIH for labor and associated costs of employees at its facilities in Raleigh, North Carolina; and Kingston, ... Read More

Two WV counties hold drug companies accountable for prescription drug abuse epidemic

World of Pain

Two West Virginia counties with drug overdose rates well above the national average filed lawsuits against wholesale pharmaceutical distributors and pharmacies in federal court alleging they allowed millions of dangerous prescription drugs into the area, fueling the prescription drug epidemic. Kanawha and Cabell counties allege in separate lawsuits filed this month that companies such as Walgreens, CVS and McKesson sold 106 million doses of the powerful painkillers between 2007 and 2012 in both counties combined. Cabell has a population of 96,000, which translates to 400 pills per resident, the complaint states. Both lawsuits claim the companies’ actions are in violation of the ... Read More

Whistleblower Set to Receive $4.3 Million From Chicago State University

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After years of fending off a whistleblower lawsuit, Chicago State University is set to pay $4.3 million to a former administrator who successfully sued the school in 2010, alleging he was wrongfully fired for exposing questionable contracts. James Crowley’s whistleblower-retaliation lawsuit was the first to be tried under Illinois’ new state ethics act. His complaint alleged that Chicago State University fired him after he refused to withhold documents about former university president Wayne Watson’s employment that a faculty member had sought under the Illinois Open Records Law and for reporting dubious contracts to the state attorney general’s office. Jurors awarded Mr. Crowley ... Read More

Vulto Creamery named in wrongful death lawsuit following raw milk cheese recall

cheese recall - Vulto Creamery

A wrongful death lawsuit was filed in U.S. District Court for the Northern District of New York after a woman linked her husband’s death to the Vulto Creamery raw milk cheese recall. According to Food Safety News, Vermont resident Veronica Friedman filed the wrongful death lawsuit on behalf of her late husband Richard Friedman, alleging he suffered a massive stroke caused by a Listeriosis infection he procured from ingesting the recalled raw milk cheese last year. “People think of food poisoning as inconvenient rather than really dangerous,” said William D. Marler of Seattle, who is an attorney for Ms. Friedman, as ... Read More

Judicial Panel on Multidistrict Litigation denies motion to consolidate federal PPI cases

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In the January 2017 Hearing Session the United States Judicial Panel on Multidistrict Litigation (JPML) met regarding motions to centralizing forming new multidistrict litigation (MDL). Filed on Feb. 2, the JPML issued an order denying transfer of MDL No. 2757 – IN RE: Proton-Pump Inhibitor Products Liability Litigation. The plaintiffs had sought to centralize 15 federal PPI cases; the panel mentioned being informed of 24 additional similar cases. They requested that the MDL be formed in the Middle District of Louisiana, the District of New Jersey, the Southern District of Illinois, the District of Kansas, or the Western District of ... Read More

Talc litigation moving forward in multiple venues, Courtroom View Network is watching

talc justice

Courtroom View Network (CVN) is closely watching the talc litigation as it progresses across the country. It offered a live webcast and recorded the St. Louis talc trial that concluded last week with a verdict in favor of Johnson and Johnson. The news site will also webcast the St. Louis trial scheduled to begin next month on April 10. CVN points out that last week’s verdict was in a case selected for trial by the defense and the site questions whether or not J&J can win in a case selected by plaintiffs. Last year, the plaintiffs won three trials in ... Read More

Man suing supplement maker over false claims asks court to re-certify class

A buyer of Nutraceutical Corp.’s Cobra Sexual Energy claims that the sexual enhancement supplement is nothing more than snake oil and is asking the Ninth Circuit to reverse an order decertifying a class of buyers alleging false advertising. Plaintiff Troy Lambert’s attorney argued to a three-judge panel that U.S. Judge Andre Birotte Jr. ignored California law when he decertified the class. The law states that a fair and sufficient damages model can be assembled when putative class knows the defendant profited from revenues of a fraudulent product. Lambert and another buyer of Cobra Sexual Energy, Frank Ortega, filed a lawsuit ... Read More