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Personal Injury Lawyer Fed Up With Colleague, Files Class Action

POST WRITTEN BY

Jessica Karmasek

Last week, a Texas attorney who says he is “intimately familiar” with litigation over inferior vena cava filters, or IVCs, filed a proposed class action lawsuit against an Arizona-based law firm for allegedly making unsolicited phone calls to line up potential clients.

Plaintiff John R. MacLean, also known as Scotty MacLean, filed his lawsuit against defendants Arentz Law Group and The Johnston Law Group in the U.S. District Court for the Northern District of Texas, Fort Worth Division, Aug. 25.

MacLean, who received one of the unsolicited calls himself, accuses the firms of ignoring the laws on soliciting clients.

“Sadly, there are attorneys and law firms that ignore ethical rules and barratry laws and use any means necessary in the mad dash to grab as many clients as they can,” he wrote in his 14-page complaint. “These firms blatantly and with complete disregard for the law (and at any cost) unethically and illegally solicit clients.”

According to MacLean’s action, each state has established barratry — or litigation for the purpose of harassment or profit — statutes to protect their citizens from law firms that solicit clients the wrong way.

Full Article – http://www.forbes.com/sites/legalnewsline/2016/09/02/personal-injury-lawyer-fed-up-with-colleague-files-class-action/#51e0214f584d

Has Charitable Giving Become A Profitable Form Of Investing For Pharmaceutical Companies?

Martin Shkreli, the notorious ex-CEO of Turing Pharmaceuticals, made waves last summer when he purchased the rights to Daraprim and raised its price more than 5,000 percent. Physicians use the drug to treat toxoplasmosis, a life-threatening condition that affects those with weakened immune systems (due to HIV/AIDS, etc.).

Days after Shkreli’s purchase, he contacted Patient Services Inc., a charity committed to making medical care more affordable. Shkreli wanted to create a fund for – you guessed it – patients who suffer from toxoplasmosis.

Patient Services Inc., or PSI, jumped at the opportunity, suggesting an initial donation of $22 million, including $1.6 million of its operational costs. Shkreli countered with an offer of $1 million and $80,000 of the company’s costs. This was a paltry offer, considering that Daraprim now costs $60,000 to $90,000 for six-week treatment in light of Shkreli’s price hike.

And that isn’t the worst of it.

Finding A Loophole

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PSI is a copay charity, one of seven large ones in the U.S. health care system. It exists to offer payment assistance to the 40 million Americans who qualify for Medicare, helping them to a smaller copay and smaller up-front costs. Even with the help of copay charities, Medicare recipients were still paying around $3,000 for their Daraprim prescriptions.

American taxpayers shoulder the difference. This is where the controversy of “charitable giving” comes into play. By donating a paltry $1 million to a copay charity, Shkreli was able to collect millions more from Medicare, thanks to his own drug price hike. “Big pharma” benefits, while taxpayers and patients suffer.

The Great Charitable Giving Illusion

Many pharmaceutical companies give the illusion that they participate in charity copay for altruistic reasons. Congress recently released an internal case study of Turing Pharmaceuticals, suggesting that its patient payment programs should be “repeatedly referenced” to promote public relations. Experts explain that giving millions to these copay charities makes pharmaceutical companies look altruistic, when the opposite is actually true.

The real intent of these donations is often to deflect criticism when they hike drug prices, leaving the health care system to pick up the broken pieces.

A History Of Deceit

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Daraprim may be the most high-profile example of this charitable funding phenomenon, but it’s certainly not the first. Retrophin, another drug company run by the now-infamous Shkreli, hiked the price on Thiola, a drug intended to treat recurring kidney stones, nearly 2,000 percent. At the same time, his company gave a donation to PSI for kidney stone patient copays.

Read Full Article – https://www.summitbehavioralhealth.com/blog/charitable-giving-profitable-investing-pharmaceutical-companies/

10 Year Old’s Death Shows Need for Water Park Oversight

Posted by Thomas Dennis
August 10, 2016 2:51 PM

Orlando is known as the theme park capital of the world.   It’s home to Disney and Universal Studios, along with many other theme parks such as SeaWorldWet’n’Wild and FunSpot.  Many theme parks in Orlando have begun to incorporate water parks as additional attractions for families to enjoy.  These include SeaWorld’s Acquatica, Disney’s Typhoon Lagoon and Blizzard Beach along with Universal’s Volcano Bay that is slated to open in 2017.

While most patrons will enjoy the rides and return home safely, we are beginning to see more and more water park ride injuries occurring. Sadly, one that is making news right now is from a water park in Kansas City, Kansas.

On Sunday, June 7, 2016, ten-year-old Caleb Thomas Schwab plunged to his death on the Verrückt waterslide in the Schlitterbahn water park in Kansas City, Kansas.  The son of State Representative Scott Schwab was attending the park as part of its “elected officials’ day.”  (source: People)

This death highlights the need for better oversight of water parks.  The Verrückt, which mean “insane” in German, is the tallest water slide in the world, topping out at over 168 feet.  Surprisingly to many, this waterside was never inspected by the Federal Government as there is no Federal oversight for such structures.  The State of Kansas, who handle such oversight, had not inspected the slide since 2012, before the slide was even open.  In Florida, many injuries at theme parks and water parks get under-reported, due to voluntary reporting and the circumstances and injuries that need to occur to generate a report.

According to witnesses, “The slide itself made a noise that didn’t sound right,” and the Velcro straps that were meant to secure riders, “[weren’t] that secure being strapped in.”  One rider, Paul Oberhauser, noted that, “As soon as I hit the bottom of the first curve the shoulder strap just, kind of busted loose.”  When he mentioned this to ride workers, he claims they responded, “They kind of said ‘Oh no, really’ or something ‘Yes, that’s no good,’ and so it sounded like, you know, they were going to do something about it.”

In a statement, Schlitterbahn said safety in their “top priority” and the rides are inspected daily.  The theme park has been closed since Sunday’s incident but expects to reopen tomorrow.  It is unclear how long Verrückt will remain closed.

Unfortunately, it requires a tragedy such as what has occurred on the Verrückt, that may finally give rise to a call for better inspection, maintenance, safety, and reporting procedures to be implemented at all water parks across the country.

Sourced From   – http://orlando.legalexaminer.com/defective-dangerous-products/10-year-olds-death-shows-need-for-water-park-oversight/#comment-1243

Appellate Court Rules Mel Gibson’s Ex-Wife Violated Confidentiality Agreement

by | 5:58 pm, August 12th, 2016

On Tuesday, California’s 2nd Appellate District ruled (PDF) on a celebrity case that had been out of the public eye for a while:Mel Gibson’s disputes with his ex-wife, Oksana Grigorieva. The case is technically titled ““M.G. v. O.G.,” but the numerous details in the order make it perfectly clear who’s involved. The court affirmed a previous ruling in Gibson’s favor to the effect that that Grigorieva violated the terms of an out of court settlement between the two by addressing her domestic abuse allegations against Gibson.

TBT TAPES

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You may recall that in 2010, Grigorieva recorded her phone conversations with a disturbingly unhinged Gibson, including one (embedded above) where he threatened to kill her, saying “I’ll put you in a f—ing rose garden you c–t! You understand that? Because I’m capable of it. You understand that?” If he had much of a career left, that changed. Grigorieva sued Gibson in separate cases (one for paternity of their child, one for battery and defamation), and according to the appellate ruling, here’s how those were resolved:

At the same time, the parties entered into a separate settlement agreement to resolve O.G.’s civil claims, pursuant to which M.G. agreed to pay O.G. a total of $750,000 in three equal installments spread over the course of five years. As part of the settlement agreement, O.G. agreed to keep confidential “any and all information and facts related to the asserted claims and events underlying this Agreement.” The agreement specified that a breach of the confidentiality obligation would result in O.G.’s forfeiture of all outstanding installments of the $750,000 settlement payment.

From there, nothing really happened until Grigorieva appeared on The Howard Stern Show on May 21, 2013:


Howard Stern – Oksana Grigorieva – 5/21/13 by MrBenjyBronk

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While Grigorieva never outright said in the interview that Gibson physically abused her, in the context of the interview, it’s clear that she’s giving credence to Stern’s statements about Gibson hitting her. That’s where Gibson objected, and that’s why the appellate court agreed with Gibson. From the ruling:

Full Article – http://lawnewz.com/high-profile/appellate-court-rules-mel-gibsons-ex-wife-violated-confidentiality-agreement/

There’s just one country other than the Vatican where divorce is illegal — and some want to change that

Ana P. Santos
What do you do when you find yourself in an unhappy marriage but live in a country where there is no divorce?

You go on Facebook and hope to find others like you.

“I didn’t have anyone to talk to,” said 45-year-old Maviv Millora. “I was sure there were others like me who wished there was divorce in the Philippines, I just had to find them.”

After being married for more than 20 years, Millora separated from her husband in 2011. Since then, it’s been a vicious cycle of survival. She supports the two youngest of her four children with her earnings as an English teacher. She cannot claim child support since she is still technically married, but she also can’t afford the considerable legal costs of separation proceedings.

Online, she found Divorce Advocates of the Philippines, a Facebook group of more than 5,000 people. The group has since spun off into two other divorce groups, Pro-Divorce Philippines and Divorce for the Philippines Now International.

Some members were depressed and wanted to talk; some were angry and wanted to vent; and some just wanted legal advice without going to a lawyer who would charge by the hour – but they all wanted to demand the legalization of divorce.

In this devout Catholic country with deeply conservative views on marriage and family, Millora and others like her were expected to hide any cracks in the marital union and simply suffer in silence.

Full Article – http://www.latimes.com/world/asia/la-fg-philippines-divorce-snap-story.html