Category Archives: Personal Injury

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Merely doing business in Delaware not enough for lawsuit

, The News Journal 11:44 a.m. EDT April 21, 2016

High court overturns decision regarding whether Delaware has legal oversight over businesses registered in state

STORY HIGHLIGHTS

  • The Delaware Supreme Court has issued a ruling over a decades-old decision regarding jurisdiction.
  • It overturns a ruling that says corporations registered in Delaware are subject to state jurisdiction.
  • The ruling was 4-1 and involves an Atlanta auto-parts supplier.

An out-of-state company can no longer be sued in Delaware merely because it does business within the state, the Delaware Supreme Court has ruled.

Under a 1988 state Supreme Court ruling, a plaintiff could sue a company in Delaware for a personal injury or other tort claim that occurred in another state. That meant a large retail chain operating a store in Delaware or a company with an office in the state could be vulnerable to a Delaware lawsuit simply because it did business here.

However, in this week’s rare 4-1 split decision, the Supreme Court reversed that holding in Genuine Parts Co. v. Cepec. The opinion was authored by Delaware Supreme Court Chief Justice Leo E. Strine.

“This is a positive for companies not incorporated in Delaware, but do business in Delaware,” said Donald W. Durandetta, a professor of business at Wilmington University. “It is increased protection for doing business in Delaware.”

Plaintiffs Ralph and Sandra Cepec are Georgia residents who sued automobile equipment supplier Genuine Parts Co., the parent company of NAPA AutoParts. Genuine is a Georgia corporation headquartered in Atlanta and operates more than 60,000 retail stores throughout the nation, including about 15 in Delaware.

Ralph Cepec worked for Genuine Parts in a Jacksonville, Florida, warehouse between 1988 and 1991. He filed a personal injury lawsuit in Delaware saying he was exposed to asbestos during his employment, causing mesothelioma and other illnesses.

Last year, the Cepecs sued Genuine Parts in Delaware, despite that than 1 percent of its stores and employees are based in Delaware and less than 1 percent of its revenue comes from the state, according to the court’s opinion. Genuine Parts is registered to do business in Delaware, giving the state’s court system general jurisdiction over the company under Delaware law.

The case started in the Delaware Superior Court, which upheld the state’s jurisdiction over Genuine Parts, citing the state Supreme Court’s 1988 decision in Sternberg v. O’Neil. Genuine Parts appealed to the Supreme Court, which reversed the lower court. In the decision, the high court ruled plaintiffs can only file a lawsuit against a company in Delaware if the claim resulted from the defendant’s connection to the state. A plaintiff no longer pursue a claim in Delaware just because a company does business here.

Plaintiffs can still file lawsuits in Delaware against national corporations if the injury occurred in the state or there is some other connection.

Read Full Article – http://www.delawareonline.com/story/news/2016/04/20/merely-doing-business-delaware-not-enough-lawsuit/83293736/

How Big Is Cycling? Big Enough to Have Its Own Personal-Injury Lawyer.

By on

Bruce Deming is happy, mostly for the right reasons, to see Washington’s surge in biking. The trim, 59-year-old DC attorney is a once-avid road racer who still takes the occasional 50-mile weekend ride with the National Capital Velo Club.

But he also sees a market in the snarl of cyclists, drivers, and pedestrians jockeying for space amid construction sites, double-parked vans, and gridlocked intersections. Deming specializes in representing injured bike riders, and business is booming.

“The growth is primarily among new riders in their twenties and thirties who use bikes for transportation,” he says, adding diplomatically, “They’re less skilled in the art of accident avoidance. They also trust in bike lanes a little more than they should.”

Deming began his career suing oil companies for price violations at the Department of Energy 30 years ago. After leaving government in the mid-’80s, he “sort of fell into personal-injury law,” he says. “When I started my practice, I did everything, but I rode bikes daily and I raced. Biking friends called for help.” As Washington increasingly took to two wheels, “one case led to another,” he says. “Bicyclists are a social group, so your name gets around.”

Deming takes only about half of the 200 or so cases he hears about each year, earning about a third of damage awards that range from hundreds of dollars to millions: “I pick my fights—and it’s always a fight.”

What makes bike-injury cases difficult, according to Deming, is cops’ casual attitude toward reporting accidents. Last year, Jeanie Osburn,62, a longtime DC bike commuter, was pedaling near FBI headquarters on Pennsylvania Avenue when a driver slowed while preparing to turn left and fooled Osburn into thinking he saw her. She was wrong—and went to the hospital with back and shoulder injuries. When it came time for Osburn to make a claim against the driver’s insurance company, the police report was inaccurate and incomplete. “There was a sea of blue,” she recalls of her accident scene, “but no officer took down witness names.”

Read Full Article – http://www.washingtonian.com/2016/04/11/cycling-personal-injury-lawyer-biking-in-dc/

Federal prosecutor reviews possible use of RICO law for Altoona-Johnstown

By Peter Smith / Pittsburgh Post-Gazette

U.S. Attorney David Hickton said his office is looking into whether a federal civil law on organized crime can be applied to the Roman Catholic Diocese of Altoona-Johnstown in the wake of a state grand jury report that said it had a history of clergy sexual abuse and coverup.

The report found that much of the abuse by diocesan priests dated back several decades, and neither the abuse nor any alleged coverup could be prosecuted under the statute of limitations.

But federal laws allow U.S. prosecutors to bring a civil case against an organization and seek an injunction or a consent decree to shape its future behavior, and such cases do not have a statute of limitations, he said.

Mr. Hickton said his office is looking into the case because it prosecuted one Altoona-Johnstown priest, Joseph Maurizio, who last month was sentenced to 17 years in federal prison for sexually abusing boys at a Honduras orphanage between 2004 and 2009.

U.S. Attorney David Hickton said his office is looking into whether a federal civil law on organized crime can be applied to the Roman Catholic Diocese of Altoona-Johnstown in the wake of a state grand jury report that said it had a history of clergy sexual abuse and coverup.

The report found that much of the abuse by diocesan priests dated back several decades, and neither the abuse nor any alleged coverup could be prosecuted under the statute of limitations.

But federal laws allow U.S. prosecutors to bring a civil case against an organization and seek an injunction or a consent decree to shape its future behavior, and such cases do not have a statute of limitations, he said.

Mr. Hickton said his office is looking into the case because it prosecuted one Altoona-Johnstown priest, Joseph Maurizio, who last month was sentenced to 17 years in federal prison for sexually abusing boys at a Honduras orphanage between 2004 and 2009.

Sourced From – http://www.post-gazette.com/news/state/2016/04/02/Federal-prosecutor-reviews-possible-use-of-RICO-law-for-Altoona-Johnstown/stories/201604020025

Zoloft (sertraline hydrochloride) Recall Info

drug-recalls

Sourced From Our Friends @ https://www.recallguide.org/drug/zoloft/

Zoloft® is an antidepressant medication classified as a selective serotonin reuptake inhibitor (SSRI), generally prescribed to adults to treat major depression and anxiety disorders and, less commonly, for vascular headaches and premature ejaculation. It is an oral medication originally brought to the market by American pharmaceutical manufacturer Pfizer and is available in 25mg, 50mg, and 100mg capsules.

Side Effects & Adverse Reactions

Common side effects include fatigue, insomnia, nausea, dry mouth, headache, diarrhea, dizziness, weight gain, and sexual dysfunction (difficulty achieving arousal, erection and/or orgasm).

As with all antidepressants, Zoloft carries the FDA’s black box warning due to an increased risk of suicidal thoughts/ideation and actions, especially in children and young adults. (fda.gov)

The use of Zoloft during the first trimester of pregnancy is associated with increased risks of the following birth defects: omphalocele (abdominal wall defects), anal atresia (malformation of the anus/rectum), limb reduction, and septal (heart) defects.(ncbi.nlm.nih.gov)

Like many other antidepressant medications, the discontinuation of regular use of Zoloft can cause numerous unpleasant withdrawal side effects, including flu-like symptoms (nausea, vomiting, sweating, headaches, diarrhea), sleep disturbances (insomnia, nightmares, fatigue), sensory/movement disturbances (vertigo, dizziness, “zap” like electrical sensations in the brain or nerve paths), and mood disturbances (anxiety, dysphoria, agitation). Most cases of these withdrawal symptoms are mild and resolve themselves after 1-4 weeks.

Possible Adverse Interactions

Zoloft should not be taken with, or immediately after stopping use of, monoamine oxidase inhibitors (MAOIs), another class of commonly used antidepressants, as this can cause serotonin syndrome or serotonin toxicity, a condition that can be fatal.

It is also contraindicated for use with the antipsychotic medication pimozide (Orap) due to the risk of serious heart problems. The concentrated form also contains an alcohol solution, so it is recommended not to take it with Antabuse, a medication used to treat alcoholism. Grapefruit and grapefruit juice should also be avoided, as it can increase the levels of Zoloft in the body.

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Legal Issues

Pfizer has over 1,000 lawsuits pending against them regarding the use of Zoloft causing birth defects in pregnancy. In June 2015, a jury in Philadelphia, PA sided with the defendant (Pfizer) in a case wherein the plaintiffs alleged that Pfizer did not sufficiently warn patients of the potential for birth defects, finding that the drug’s label adequately warned physicians to weigh and discuss the benefits and risks of use before prescribing it (Robinson v. Wolters Kluwer Health Inc. and Pfizer, Inc.). This is the second such judgment in favor of Pfizer regarding birth defects and use of Zoloft in as many trials. (bloomberg.com)

Zoloft was also the subject of a consumer fraud class action lawsuit that was filed in 2013 in California. The case, Plumlee vs. Pfizer Inc., centered on claims by plaintiff Laura Plumlee that she had taken the drug as prescribed for 3 years with absolutely no effect. The suit alleged that Pfizer deliberately omitted from labeling that there had been studies conducted that found Zoloft to be no more effective than a placebo, and that their marketing and advertising regarding its effectiveness was misleading. The plaintiff’s first claim was dismissed in March 2014, not due to the argument of effectiveness or lack thereof, but due to time-barring. Plumlee had last used Zoloft in 2008, but did not file the lawsuit until 2013. She was given the opportunity to amend her claim and re-file, but the suit was ultimately dismissed with prejudice in September 2014.

FDA Safety Alerts

July, 2006

Food and Drug Administration Labeling Changes indicate several changes but this specific Alert was issued warning of increased risk of Neonatal Persistent Pulmonary Hypertension in mothers taking the drug (fda.gov).

December 14, 2011

The FDA warns of pregnancy risks in SSRI’s in general, including Zoloft. (fda.gov).

July 26, 2011

FDA warns of serious CNS reactions in patients taking the antibiotic linezolid (Zyvox) and certain psychiatric serotonin drugs, including Zoloft. (fda.gov)

Manufacturer Warnings

An undated warning letter from Pfizer alerts healthcare providers to the warnings and label changes regarding detrimental interactions of Zoloft with pimozide (Orap) and MAOIs (fda.gov).

FDA Labeling Changes

September 2014

A labeling adjustment was made to the drug interactions to remove previous additions of QT prolongation, Torsades de Pointes, and ventricular tachycardia – all types of cardiac arrhythmia (irregular heart rhythm) (fda.gov).

February 2013

Diabetes mellitus (scientific name for both Type 1 and Type 2 diabetes) was added to the list of events observed during the post-marketing evaluation of Zoloft. (fda.gov)

December 2012

Contraindications and warnings were added regarding the types of drugs or substances that will interact with use of Zoloft and possibly cause serotonin syndrome, expanding upon the warnings issued in January 2009 (fda.gov).

August 2011

Information was added to the packaging label to advise caution when co-administering Zoloft with drugs that may enhance serotonergic neurotransmission (transmission/absorption of serotonin) due to possibility for interaction. In addition, a precaution was added regarding laboratory testing: patients using Zoloft were reported to have received false positives on urine immunoassay screening tests for benzodiazepines(a class of frequently abused anti-anxiety medications) such as clonazepam (fda.gov).

January 2009

A warning was issued regarding the potential for the potentially fatal complication serotonin syndrome, also known as serotonin storm or serotonin toxicity, or a similar condition called neuroleptic malignant syndrome. Both of these conditions can occur when Zoloft is taken in combination with MAOIs (such as selegiline or phenelzine), or other drugs that alter the neurotransmission of serotonin (fda.gov).

March 2008

Precautions were added to the label making changes to the following subjects: abnormal bleeding as a potential side effect, and interactions with drugs that interfere with the clotting and flow of blood (Non-selective NSAIDs, aspirin, warfarin, etc.) (fda.gov).

Uses

Zoloft® is an antidepressant medication classified as a selective serotonin reuptake inhibitor (SSRI), generally prescribed to adults to treat major depression and anxiety disorders and, less commonly, for vascular headaches and premature ejaculation. It is an oral medication originally brought to the market by American pharmaceutical manufacturer Pfizer and is available in 25mg, 50mg, and 100mg capsules.

Screen Shot 2016-04-01 at 3.39.41 PM

History

Sertraline was the result of many levels of experimentation by Pfizer chemists, beginning in the early 1970’s with the invention of multiple psychoactive compounds that were based on the structures of some of the earliest available antipsychotic medications. These experiments would eventually result in the development of many neurotransmitter reuptake inhibitors, the most potent and selective of which would go on to be tested in vivo (on living organisms, including human trials) and dubbed sertraline. None of the scientists responsible for its creation were anticipating the production of an SSRI type of antidepressant, so the discovery is considered a happy accident.

Zoloft was approved by the FDA on the recommendation of the Psychopharmacological Drugs Advisory Committee in 1991. It was also made available in the United Kingdom the previous year, and in Australia in 1994. It was only approved for prescription to adults over the age of 18 until 2002, when the FDA approved its use in children over age 6 to treat severe cases of obsessive-compulsive disorder. In 2005, the FDA issued a black box warning for all antidepressants, including sertraline, concerning suicidal thoughts and behaviors in children; this warning was amended in 2007 to include the possibility of suicidal tendencies in young adults aged 18 to 24.

The patent for Zoloft expired in the US in 2006, allowing for the availability of sertraline in its generic form. Other brand names for sertraline include Lustral and Asentra. In 2013, it was the most prescribed antidepressant and second-most prescribed psychiatric medication in the United States. (psychentral.com)

For Full Article – https://www.recallguide.org/drug/zoloft/

ConAgra must pay $108.9 million in lawsuit over fatal 2009 blast; verdict likely a Nebraska record

The Slim Jim plant in Garner, North Carolina, after the explosion on June 9, 2009. Four people died as a result of the explosion, which was caused by a natural gas leak during water heater installation.

POSTED: FRIDAY, MARCH 25, 2016 1:50 PM | UPDATED: 12:13 AM, SUN MAR 27, 2016.

ConAgra Foods, the Fortune 500 company that is moving its headquarters from Omaha to Chicago, has been found liable for $108.9 million in a civil lawsuit that looks to be the largest of its kind in Nebraska history.

The case is related to damages and injuries stemming from a fatal explosion at a Slim Jim plant in North Carolina in 2009. ConAgra told The World-Herald that it plans to appeal.

The company was found Friday to be “negligent” in the explosion and the resulting injuries by a civil lawsuit jury in Douglas County District Court.

Nebraska courts don’t keep formal records of the jury verdicts leading to the largest monetary damages. Recent large ones have included the $43.8 million verdict last year in Douglas County Court in a dispute between rival software firms. The Fraser Stryker law firm of Omaha said at the time that it believed the total to be the largest in state history.

Lawyers in the courtroom moments after the ConAgra verdict said they thought it was the largest, but none wished to say so formally.

The ConAgra lawsuit had its genesis in payments made to the injured after the 2009 explosion, which happened during a water heater installation at the giant food-processing plant in Garner, North Carolina. Four people died, and many were injured. California-based Jacobs Engineering, which had a contract to perform services at the plant, in later years paid about $108 million to settle lawsuits that said it was at fault.

Later, Jacobs decided to sue ConAgra to recoup the money, saying it had no role in the explosion. The Douglas County jury agreed Friday, finding Jacobs not negligent.

“We are grateful for the court’s and the jury’s time and dedication to this case, and that our client Jacobs Engineering was vindicated after seven years,” said Gil Keteltas, Jacobs’ lead trial lawyer with the Baker Hostetler firm of Washington, D.C.

While sizable, the $108.9 million is a fraction of ConAgra’s $16 billion in revenue last year from sales of products such as Slim Jims, Chef Boyardee pasta and Alexia frozen side dishes.

The jury award comes amid rough sledding in Omaha for ConAgra. The company said last year that it plans to move the headquarters, in Omaha since the 1920s, to Chicago sometime this year. The company also eliminated 1,500 U.S. jobs and has embarked on a plan to save $300 million annually via a cost-cutting plan.

ConAgra spokesman Dan Hare said Friday that, “While we respect the jury’s decision, we have several strong grounds for appeal, which we plan to pursue.”

Assisting in securing the verdict were Baker Hostetler’s Bob Abrams, and Ed Tricker and others with the Lincoln firm Woods & Aitken.

“It was a Herculean task,” Douglas County District Judge Gary Randall said from the bench, describing of the work of the 12-person jury, whom he thanked for sitting through weeks of detailed and sometimes tedious arguments about the fine points of contract law.

The dispute emerged after the explosion, caused by a natural gas leak during water heater installation. The jury found that it was 70 percent ConAgra’s fault and 30 percent the fault of another contractor that will not have to pay any of the $108.9 million because the jury found that ConAgra controlled the actions of that contractor.

Jacobs was another contractor on the Slim Jim site, performing a variety of services for ConAgra. Because of that, it became the target of lawsuits by the injured, lawsuits that Jacobs wound up settling for about $108 million. Companies sometimes pay settlements to avoid the expense of defending lawsuits in court, whether they engaged in disputed conduct or not.

In the Douglas County case, Jacobs, a engineering firm with about $12 billion in annual revenue, said it deserved its money back. Jacobs said it had no role in the explosion.

After the explosion, ConAgra shut the Slim Jim plant and donated the land to the North Carolina town, along with $3 million for a community center.

Contact the writer: 402-444-3197, russell.hubbard@owh.com

Complete coverage: ConAgra moving headquarters to Chicago

Correction: ConAgra is liable for $108 million in damages sought by Jacobs Engineering; an earlier version of this story misstated the amount for which the jury found ConAgra liable.

Sourced From – http://www.omaha.com/money/conagra-liable-for-million-after-fatal-explosion-likely-the-largest/article_81f336ce-f2ba-11e5-840e-f3bca4f3f045.html