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litigation 1073 articles

Veterans Sue 3M for Defective Combat Earplugs

Department of Defense contractor 3M faces a series of lawsuits representing hundreds of veterans who allege the company provided U.S. armed forces with defective combat earplugs that failed to work as intended and led to hearing loss and tinnitus as a result. The lawsuits, filed in multiple states including Maryland, Texas, South Carolina and Florida, follow a $9.1 million settlement between 3M and the U.S. government over the same dual-ended Combat Arms Earplugs, Version 2. That agreement resolved allegations that Aearo Technologies, a company that 3M later bought, violated the False Claims Act by selling the U.S. defective combat earplugs ... Read More

Proposed Overtime Rule Could Benefit 1 Million U.S. Workers

A proposed change in federal labor laws could expand overtime eligibility to more than 1 million salaried workers in the U.S. The U.S. Department of Labor proposed raising the overtime threshold to most salaried workers earning an annual salary of $35,308 or $679 per week so that employees making less than that amount would be eligible for time-and-a-half pay for any hours over 40 worked per week. Currently, the overtime threshold sits at $23,660 or $455 per week, so anyone making more than that isn’t eligible for overtime pay. The government set the current overtime threshold 15 years ago. The ... Read More

3M Water Pollution Pushes Alabama Water Utility to Seek State Loan

A north Alabama water utility still grappling with perfluorinated chemical pollution allegedly caused by the 3M plant in Decatur is asking the state to front $58 million for the construction of an advanced water filtration system. In 2016, the U.S. Environmental Protection Agency (EPA) included the West Morgan East Lawrence Water Authority on its list of 59 water systems nationwide with levels of perfluorooctanoic acid (PFOA) and perfluorooctyl sulfonate (PFOS) too high for safe human consumption. The water authority was one of nine water systems deemed unsafe for too-high levels of industrial pollutants stemming from 3M. The WMEL Water Authority acted on ... Read More

4 Attorneys, Pilot Killed in Airplane Crash Over Lake Okeechobee

Partners and lawyers at a Florida law firm are expressing shock after four of their colleagues were killed in a plane crash over Lake Okeechobee last Friday. Eric Peterson, 73, of Lighthouse Point, Florida, a founding member of the Peterson Bernard law firm, perished in the crash, along with Matthew Fiorello, 36, of Palm Beach Gardens; Heather Bridwell, 43, of Jupiter; Edwin “Ted” Mortell III, 54, of Stuart; and their pilot, Eduardo Mulet, 45, of West Palm Beach. The five were traveling on a Piper PA-23-250 airplane on a return flight from Tampa and were in the last stretches of ... Read More

Civilian Black Hawk Helicopter Crash Injures 2

A HH-60 Black Hawk Helicopter owned by Arista Aviation based in Enterprise, Alabama, was en route to an industry trade show in Atlanta last week when it crashed near Tullahoma, Tennessee. The two pilots, Jack Cook and Larry Cornell, both former Army Aviators from Alabama, were injured but were reported to be recovering in stable condition at Vanderbilt University Hospital. They are Arista Aviation employees. The helicopter went down on private property in a rural area around 3 p.m. local time last Thursday. The pilots were able to crawl out of the aircraft and one called 9-1-1. Tullahoma Police Sgt. ... Read More

Amazon Prime Cargo Plane Crash Kills 3

A Boeing 767-300 cargo plane operated by Atlas Air on behalf of Amazon.com Inc.’s Prime Air crashed last weekend killing the three crew members who were on board including Capt. Sean Archuleta of Houston, First Officer Conrad Jules Aska of Antigua and Capt. Ricky Blakely of Indiana. The plane was en route from Miami when it crashed near Anahuac, Texas, approximately 40 miles southeast of Houston’s George Bush Intercontinental Airport. Video from a nearby jail recorded the last few seconds of the fatal flight. The National Transportation Safety Board (NTSB) is investigating the crash, and its chairman, Robert Sumwalt, confirmed ... Read More

Pulse Nightclub Victims Appeal Claims Against Security Company

Several victims of the 2016 Pulse nightclub mass shooting in Orlando and their family members are asking a Florida appeals court to revive their case against the Jupiter, Florida-based security firm that employed and trained the killer. The 30 appellants, including four estates of victims killed in the attack, allege that G4S Secure Solutions should have known there was a “deranged person … within their employment” and halted his annual firearms training and revoked his security license. Omar Mateen, a 29-year-old U.S.-born man of Afghani descent, drove two hours north of his home to Orlando on June 12, 2016, and ... Read More

DOJ takes action against Tennessee pharmacies for illegally dispensing opioids

The U.S. Department of Justice (DOJ) filed a first-of-its-kind action to stop two pharmacies, their owner, and three pharmacists from dispensing controlled substances including highly addictive opioids that have been linked to the deaths of at least two people and have driven several others to hospitals for opioid overdose shortly after obtaining drugs from the pharmacies. “The pharmacists have a legal obligation to dispense controlled substances properly, so as not to put patients’ health at risk,” said Assistant Attorney General Jody Hunt for the Department of Justice’s Civil Division. “The Department of Justice will use every available tool to stop ... Read More

Next Roundup trial to begin Feb. 25

When the next lawsuit alleging Monsanto’s Roundup weed killer causes non-Hodgkin lymphoma goes to trial next week, the first phase will delve into the scientific evidence. But what the plaintiff’s attorneys can’t say in that portion of the trial is that the World Health Organization’s (WHO) intergovernmental agency on cancer research classifies Roundup’s active ingredient glyphosate as a probable carcinogen. Last month, District Judge Vince Chhabria, who oversees about 680 cases in the federal litigation involving Roundup claims, split the trial into two parts. The first phase will focus on whether plaintiff Edward Hardeman’s cancer diagnosis was caused by his ... Read More

Imerys dropped from talc trial a day after bankruptcy announcement

A California judge told a jury hearing testimony in the latest case to go to trial alleging a link between Johnson & Johnson’s talcum powder and a woman’s mesothelioma diagnosis that J&J’s talc supplier was no longer a defendant in the case, and that they should not speculate as to why. Alameda County Superior Court Judge Brad Seligman made the announcement a day after Paris-based Imerys SA reported that three of its subsidiaries had filed for Chapter 11 bankruptcy – including Imerys Talc America, which was named in the case – citing the more than 14,600 lawsuits the company faced ... Read More