Monthly Archives: March 2016

Blog, Civil Rights, Criminal, Legal News

2 Muslims Settle Lawsuits Over Church Services in Ohio Jail

  • By THE ASSOCIATED PRESS

CLEVELAND — Mar 9, 2016, 7:03 PM

Two Muslim women who said they were forced to attend Christian services at a county jail in Cleveland while being held there have settled federal lawsuits with county officials, according to settlement agreements released Wednesday.

They show Cuyahoga County paid $48,500 to Sakeena Majeed and $32,500 to Sonya Abderrazzaq.

The women, who served sentences for misdemeanor convictions, alleged in separate lawsuits that they were required to attend religious services led by a Baptist minister while they were housed in a trustee pod at the jail. They also said they were harangued for not actively participating.

Attorneys for the women said the practice has been stopped.

Abderrazzaq’s attorney, Raymond Vasvari, said he hopes the county recognizes that conditions of an inmate’s confinement can’t be contingent on religious beliefs.

“Hopefully, going forward, the practices identified in these cases are a thing of the past,” he said.

Majeed’s attorney, Matthew Besser, said the case was about stopping the government from telling people “which God to pray to, or whether to pray at all.”

“Sakeena wanted to bring this practice to light, and to stop it from happening to anyone else,” Besser said.

A Cuyahoga County spokeswoman said the settlements aren’t an admission of liability but are an exercise in risk management.

Majeed, of suburban Rocky River, had been jailed after pleading guilty to assault. She was arrested on her lunch hour on July 18, 2013, after getting into a confrontation with a police officer who had stopped her for jaywalking, her attorney said.

Abderrazzaq had been jailed after pleading guilty in March 2014 in Parma Municipal Court on a charge of operating a vehicle while under the influence.

Read Full Article – http://abcnews.go.com/US/wireStory/muslims-settle-lawsuits-church-services-ohio-jail-37529936

Blog, Business Law, Drug Companies, International, Legal News, Personal Injury

New Xarelto Claim That J&J and Bayer Lied

Posted by Shezad Malik MD JD
March 8, 2016 7:03 AM

According to bombshell revelations in the New York Times, did two major pharmaceutical companies, in an effort to protect their blockbuster drug, Xarelto, intentionally mislead editors at one of the world’s most prestigious medical journals?

Several thousand injured plaintiffs have filed personal injury and product liability claims against Johnson & Johnson and Bayer over the safety of its anti-clotting drug Xarelto.

Now plaintiffs claim that a letter published in The New England Journal of Medicine and written primarily by researchers at Duke University deliberately left out critical laboratory data. They claim the companies were complicit by staying silent, helping deceive the editors while the companies provided the very same data to regulators in the United States and Europe.

The New York Times article suggests that Bayer, Johnson & Johnson and those who ran clinical trials at Duke University that led to the FDA approval of the blood thinner, may have lied to editors at the New England Journal of Medicine.

Defective Medical Device Results Flawed

The heart of the controversy alleges that a key medical device that measures the levels of blood thinner in patients involved in the study was defective and that those running the clinical trial knew it, but failed to reveal that information.

The New York Times reports that documents produced by the drug makers during Xarelto lawsuits suggest that those running the clinical trial were asked if there were lab tests that confirmed the accuracy of the device. The editors were told there was not, when in actuality there were such tests.

It is now confirmed that the measuring device was defective and may have compromised the approval process for Xarelto, which has since been promoted as a superior alternative to warfarin.

Flawed Xarelto Medical Studies?

The Xarelto blood testing problems in the clinical trial were first reported in the medical journal The BMJ in December, with researchers warning that the device may have led to an underestimation of the rate of Xarelto bleeding complications in comparison to warfarin.

The ROCKET-AF clinical trials compared the rate of bleeding events between Xarelto (rivaroxaban) and Coumadin (warfarin). The potentially defective blood testing device, known as the INRatio by Alere, was used to measure the levels of warfarin in patients’ blood and was used to adjust their dosage. An INRatio recall has since been issued after it was discovered that the device may show results that were falsely low.

The recall could affect the ROCKET-AF results, because falsely low readings may have resulted in warfarin patients being given too high a dose, increasing their risk of bleeding. If the device caused excessive bleeding among warfarin patients, it could have given the false impression that Xarelto had a lower rate of bleeding problems.

The clinical trials, led by Dr. Robert Califf, who is now the FDA commissioner, have come under intense criticism since Xarelto was approved, as the drug has been linked to a shocking number of adverse event reports involving severe and uncontrollable bleeding problems. Due to a lack of a reversal agent for Xarelto, doctors have been unable to stop serious bleeding problems that occur, increasing the risk of severe injury or death.

Xarelto Lawsuits Over Bleeding Problems

Xarelto (rivaroxaban) is a new class of blood thinners released in recent years as a replacement for warfarin, which had been the gold standard blood thinner treatment for the past 60 years. Xarelto was approved in 2011, this new-generation treatment has been prescribed instead of warfarin to reduce the risk of blood clots and strokes among patients with atrial fibrillation, or following hip or knee replacement surgery.

Xarelto lawsuits, like http://sideeffectsofxarelto.org/xarelto-lawsuits/, allege that the drug makers provided false and misleading information about the importance of blood monitoring on Xarelto, marketing the drug as easier to use and indicating that it does not require close testing like warfarin. But, independent studies published after Xarelto was introduced have suggested that Xarelto monitoring may help identify patients at greater risk of bleeds.

Undue Big Pharma Influence

Big Pharma is the nickname given to the vast and influential pharmaceutical industry and its trade group, the Pharmaceutical Research and Manufacturers of America or PhRMA. These powerful companies make billions of dollars every year by selling drugs and medical devices.

Pharmaceuticals are HUGE business and these Big Pharma” companies stand to reap billions of dollars over the life span of a block buster drug. Big Pharma industry influence has led to the concealment of critical unfavorable data or ghost written medical articles (written by industry insiders) — when crucial clinical data went missing from journal articles, leading to embarrassing corrections and ethics policies to limit the influence of drug companies on medical literature.

Xarelto Billion Dollar Block Buster

Xarelto, is sold in the United States by Johnson & Johnson and overseas by Bayer, had nearly $2 billion in United States sales last year and is the best seller in a new category of drugs seeking to replace warfarin.

Last week, lawyers in the case against Johnson & Johnson and Bayer filed a legal brief in federal court in New Orleans, asking a judge to unseal documents in the case, which involves more than 5,000 lawsuits filed by patients and their families who claim they were harmed by Xarelto. Of those, 500 involve patient deaths.

Dr. Steven Nissen, a cardiologist at the Cleveland Clinic, served on the Food and Drug Administration advisory panel that voted to approve Xarelto in 2011. He was one of two members who voted against the drug. He expressed doubt that any after-the-fact analysis would give doctors and patients answers. “Given the fact that the device was inaccurate, there is no way anybody can tell you what would have happened in the trial,” he said.

Read Full Article – http://fortworth.legalexaminer.com/fda-prescription-drugs/new-xarelto-claim-that-jj-and-bayer-lied/

Blog, Civil Rights, Criminal, Legal News, Personal Injury

Jail Violence Creates Surge of Personal Injury Claims

By Eric Needs –

In New York City, Rikers Island jail violence creates surge of personal injury claims in the past year, with preliminary data showing no signs of violent incidents abating.

Scott M. Stringer, the city comptroller, said most claims were the combination of violent incidents between inmates or between guards and inmates, though routine injuries and accidents have also been reportedly rising.

At the end of the 2015 fiscal year, ending June 30, there were 2,846 personal injury claims from the Rikers jail system, 27 percent more than the previous year. In 2010 there were 1,204 claims, nearly 58 percent less than last year. Preliminary data shows the trend is only growing, with the number of claims from July 1 through Feb. 25 showing a 39 percent increase compared to the same time period a year prior.

“The claims don’t lie. We obviously have a crisis of violence and an untenable situation,” said Mr. Stringer.

New York City paid 66 percent more in settlements and judgements in the 2015 fiscal year than in the previous, with $13.1 million resulting from injuries or deaths at Rikers and its other correctional facilities. Three settlements totaled more than $3 million, over $1 million each for men who died in custody while at Rikers.

The comptroller’s data report suggests the number of personal injury claims is proportionate to the rise of violent incidents. Based on the number of incidents per 1,000 inmates, data shows a 19 percent increase in violence among inmates for the 2015 fiscal year. There was a 46 percent increase in infractions from inmate assaults on jail staff and a 27 percent increase in staff enforcement against inmates.

New York City Mayor Bill de Blasio has addressed the issue by taking active and preventative measures, including hiring more correctional officers, improving correctional staff training and reducing the number of inmates subjected to solitary confinement.

Spokeswoman for the mayor, Monica Klein, said the cases of most severe violence has decreased even though the total number of violent incidences has continued to rise.

In a statement, Klein said, “we are putting clear reforms in place to address violence and improve inmate outcomes on Rikers,” adding that the city “is taking aggressive steps to keep our inmates and officers safe.”

She also stated that between Jan. 1 and Dec. 31., 2015, reports of correctional force by staff members decreased 23 percent, while the number of inmate assaults on correctional staff fell 11 percent.

Sourced From  – http://www.legalreader.com/nyc-jail-violence-creates-surge-of-personal-injury-claims/

Blog, Business Law, Legal News

Paramore, former bassist embroiled in legal battle

, nrau@tennessean.com 8:54 p.m. CST March 4, 2016

Paramore and former bassist Jeremy Davis are locked in a legal dispute over whether Davis was an employee for the Nashville pop-rock band or a partner in the underlying business entitled to a share of royalties and touring revenue.

bass

Varoom Whoa, the business entity that operates Paramore, preemptively sued Davis in Nashville Chancery Court in February. According to the lawsuit, Varoom Whoa is fully owned by front woman Hayley Williams.

Davis left the band in December 2015 in a seemingly amicable separation announced on the band’s Facebook page.

But Davis asserts that he was a partner in the company and entitled to a split of royalties, touring revenue and other income earned by the band. Davis wanted to examine financial documents, which he was not provided. Williams and Varoom Whoa say he was a paid employee, not a partner.

Williams is the one signed to a record contract with Atlantic Records, and she pays her band members as employees.

“Nevertheless, because she wanted to foster a feeling of camaraderie within the band, at her direction, the band members’ salaries included a portion of Williams’ earnings,” the initial lawsuit says.

Davis filed a counterclaim on Friday naming Varoom Whoa, along with Williams and fellow band member Taylor York. The band’s business managers were also named as defendants.

Davis claims Paramore was founded as a partnership between him and Williams. Prior to 2008, York was an employee, until he joined as a partner in the group.

Davis says that he was responsible for decision making, including hiring advisers, musicians, stage crew and equipment managers, plus creating and managing staging and lighting and an array of other duties.

“Thereafter, and at all times relevant hereto, Davis, Williams and York shared equally in all net profits generated by the partnership, from any and all sources, including but not limited to the Atlantic agreement,” Davis claims in his countersuit.

Davis previously left the band in 2004, but rejoined a year later. In December of last year, the band posted a message on its Facebook page about Davis’ departure.

Davis isn’t the first Paramore member to leave amid acrimony. In 2010, guitarist Josh Farro and drummer Zac Farro left the band amid some drama.

“We’re hopeful for Paramore’s future and we’re also excited for what Jeremy’s going to do next. Thank you all for your support and your belief in us,” Paramore said in December. “It’s kept us going.”

Varoom Whoa is seeking for a judge to declare Davis an employee who is ineligible to enjoy the benefits of a business partnership, while Davis is seeking for the company to be recognized as a partnership that entitles him to unspecified damages.

Reach Nate Rau at 615-259-8094 and on Twitter @tnnaterau.

Sourced From – http://www.tennessean.com/story/money/industries/music/2016/03/04/paramore-former-bassist-embroiled-legal-battle/81341824/

Blog, Business Law, Criminal, Legal News, Military Laws, Supreme Court

Legal Briefs Flood in to Support Apple

By JOSEPH PLAMBECK MARCH 4, 2016

Sourced From – http://www.nytimes.com/2016/03/05/technology/legal-briefs-flood-in-to-support-apple.html?_r=0

The arguments differed, but the main message was the same: We side with Apple.

Dozens of companies and individuals have now filed briefs in support of Apple’s position in its legal battle with the F.B.I. over privacy. The official support, at this point, did not come as a particular surprise. But the variety of legal arguments was interesting nonetheless.

As Nick Wingfield reported, Apple’s supporters challenged “every legal facet of the government’s case, like its free speech implications, the importance of encryption and concerns about government overreach.”

The government will not take these arguments lightly. Expect many of them to be addressed when Apple and the Justice Department file briefs, and when the federal court holds a hearing on the matter in California on March 22.