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lawyers 449 articles

FTC Lawyers Granted Immunity for LabMD Data Breach Probe

Two Federal Trade Commission (FTC) lawyers are immune from a lawsuit filed by the head of an Atlanta-based medical testing company who sued the FTC officials in 2015, claiming they stepped up an enforcement action against his company after he publicly criticized them. The ruling from the three-judge panel in the D.C. Circuit shields FTC lawyers Alain Sheer and Ruth Yodaiken from retaliation allegations lodged by LabMD’s chief executive Michael Daugherty, whose company was being investigated for a data breach that exposed the personal information of nearly 10,000 patients. The decision of the Washington D.C. federal appeals court overturns an ... Read More

Jury Orders MARTA to Pay $9.6 Million in Falling Death Case

A Fulton County, Georgia, jury awarded $9.6 million to the son and estate of a man who was killed when he fell through a broken guardrail at the Metropolitan Atlanta Rapid Transit Authority’s (MARTA) Civic Center stop. Carlos Hicks, 42, was on the upper level of the MARTA station in February 2013 when he fell through a missing section of guardrail, causing him to plummet 20 feet to his death. The metal guardrail had been removed and replaced with a wooden section as part of a construction project that was never completed. Part of the wooden replacement had fallen off ... Read More

On the job amputation results in safety citation for Ohio Manufacturer

In March 2018, Liqui-Box Corp., a plastic bag manufacturer based out of Ashland, Ohio, received citations from the Occupational Safety and Health Administration (OSHA) for repeated violations of safety measures involving the machinery in its manufacturing facility. The corporation is currently facing projected penalties of $155,208 for this failure to implement the standards and regulations put in place by OSHA, which the company is required by law to follow. An investigation was opened by OSHA when an employee of Liqui-Box Corp. suffered a partial amputation of his thumb while attempting to clear a bag-sealing machine of a jam that was ... Read More

SEC Awards ‘Safe Harbor’ Whistleblower $2.2 Million

The U.S. Securities and Exchange Commission (SEC) has awarded a whistleblower more than $2.2 million for tips that led to a successful enforcement action against a company for violations of securities laws. This latest SEC whistleblower award is unique in that it was the first such award paid under the SEC’s “safe harbor” rule, which accommodates whistleblowers who submit tips and other information to another federal agency before reporting it to the SEC. The “safe harbor” provision of the Exchange Act Rule provides that if a whistleblower submits information to another federal agency and then submits the same information to ... Read More

Head injury risk in childrens sports a growing debate in family court

The debate about whether to let children play football due to the risk of repeated concussions which could have detrimental, lifelong consequences, has become a growing debate in divorce proceedings in family court. “You always heard it sometimes, when one parent would say ‘I don’t want him doing that because he might get hurt,’” said Allen E. Mayefsky, a leading divorce lawyer and former president of the New York chapter of the American Academy of Matrimonial Lawyers. “Usually we thought the parent was just overprotective. Now, it’s more of a real medical issue.” That’s because scientific evidence has emerged in ... Read More

Appeals Court Revives Defective Seatbelt Lawsuit

A federal appeals court is allowing a wrongful death lawsuit to move forward against an automotive supplier that is accused of manufacturing defective seatbelts for Mazda. The decision by a three-judge panel on the Eleventh Circuit Court of Appeals reverses a lower court’s judgment to toss the suit against Autoliv Japan Ltd. According to Law 360, the Eleventh Circuit will allow two of the lawsuit’s three claims to proceed after finding that a manufacturer such as Autoliv can still face liability claims even when it was not “actively involved” in the design of the seatbelts it manufactured for other parties. ... Read More

Takata Whistleblowers Split $1.7 Million Award

Three whistleblowers who were instrumental in alerting U.S. authorities to the risks of Takata’s deadly airbag inflators will share an award of $1.7 million, a sum that could grow substantially larger once legislators determine the mechanics of a new auto whistleblower law passed in 2015. The whistleblowers were all former employees of Takata Corp., the Japan-based automotive supplier that manufactured tens of millions of airbags with highly unstable inflators. The dangerously defective airbags were installed in cars, trucks, and SUVs made by 19 automakers Lawyers for the three whistleblowers said the men provided extensive assistance and information that prompted the ... Read More

Hawking Sealed Whistleblower Lawsuits Gets DC Lawyer Prison Sentence

A former U.S. Justice Department (DOJ) lawyer who pleaded guilty to charges related to his stealing and selling copies of whistleblower lawsuits has been sentenced to two and a half years in federal prison. Jeffrey Wertkin, 41, left his Justice Department job in 2016 and joined a prominent Washington D.C. law firm, taking with him copies of 40 whistleblower complaints that were under seal. At the Justice Department, Mr. Wertkin worked in a division that handles civil whistleblower complaints filed under the False Claims Act. The lawsuits, filed by informants who allege fraud against federal programs and agencies, remain under ... Read More

West Virginia’s Opioid Crisis The Focus of Congressional Investigation

The opioid epidemic in West Virginia is a focus of a Congressional investigation seeking to determine why three major opioid distributors flooded the state with more than 780 million hydrocodone and oxycontin painkillers in a recent six-year period – about 433 opioid pills for every West Virginia resident. According to The (Huntington, West Virginia) Herald-Dispatch, the U.S. House Committee on Energy & Commerce had mailed inquiries to drug distributors McKesson, Cardinal Health, and AmerisourceBergen looking for answers about their involvement in opioid pill dumping in the state. The inquiries, which The Herald-Dispatch says present more than 70 questions and 40 ... Read More

Hankook Tire Settles Church Bus Crash Lawsuit

A lawsuit filed by the victims of a deadly church bus crash and their families against Hankook Tire has been settled for an “undisclosed confidential amount” after years of litigation. The case centered on the Oct. 2, 2013, crash of a Front Street Baptist Church bus in Statesville, North Carolina, that killed six church members, the driver of a tractor-trailer, and a passenger in an SUV. The bus was returning to North Carolina from a yearly Fall Jubilee at the Gatlinburg Convention Center when the left front tire blew out, causing driver Randolph “Randy” Morrison to lose control of the ... Read More