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February 8, 2010

Utah Family Files 1st E. Coli Lawsuit Against National Steak And Poultry

SALT LAKE CITY - A meat manufacturer on Jan. 21 was hit with the first complaint resulting from a 2009 E. coli outbreak linked to its beef products (T.H., et al. v. National Steak Processors Inc., No. 100910079, Utah Dist., Salt Lake Co.). Full story on lexis.com

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Antitrust Counterclaims Dismissed In RealNetworks’ Dispute With Movie Studios

SAN FRANCISCO - Calling RealNetworks Inc.'s arguments flawed and circular, a California federal judge on Jan. 8 found that the software firm had not demonstrated an injury caused by the movie studio defendants' alleged anti-competitive behavior and, therefore, had no standing to bring counterclaims (RealNetworks Inc., et al. v. DVD Copy Control Association Inc., et al., No. 08-4548, N.D. Calif.; 2010 U.S. Dist. LEXIS 1433). Full story on lexis.com

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Pennsylvania Judge Slashes $75 Million Punitive Damages Award In Prempro Case

PHILADELPHIA - A Pennsylvania judge on Jan. 29 reduced a $75 million punitive damages award to an Illinois woman who claimed that her use of the hormone replacement therapy Prempro caused her to develop breast cancer, after finding that the amount was excessive (Connie Barton v. Wyeth Pharmaceuticals Inc., et al., No. 040406301, Pa. Comm. Pls., Philadelphia Co.). Full story on lexis.com

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Preliminary Approval Granted To Property Settlement; Agreement Worth $1.9 Million

CARBONDALE, Ill. - Preliminary approval was granted Dec. 21 for a $1.9 million settlement between a certified class of southern Illinois residents alleging hydrogen sulfide contamination of their real property and the operators of an oil field; the final approval hearing is scheduled for March 26 in the U.S. District Court for the Southern District of Illinois (Julia Leib, et al. v. Rex Energy Operating Corp., et al., No. 06-802, S.D. Ill.; See 8/4/09, Page 8). Full story on lexis.com

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Tenn. Federal Judge: Credit Union Did Not Violate Automatic Stay

CHATTANOOGA, Tenn. - A Tennessee federal judge on Jan. 29 affirmed a bankruptcy court's ruling that a debtor couple did not show that a creditor had violated the automatic stay when it sent letters informing the couple that changes might need to be made to their accounts with their credit union as a result of filing for bankruptcy (In Re: Michael Messick, et al. v. Ascend Federal Credit Union, et al., No. 09-59, Chapter 13, E.D. Tenn.; 2010 U.S. Dist. LEXIS 7571). Full story on lexis.com

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Florida Appeals Court Affirms Anesthesia Provider Cannot Balance-Bill

DAYTONA BEACH, Fla. - A Florida appeals court on Jan. 29 affirmed that an anesthesia provider that had an exclusive contract with a hospital could not balance-bill patients for the services provided to them at the hospital, which had a contract with a health maintenance organization because any dispute over payment must be directed at the HMO (The Joseph L. Riley Anesthesia Associates, et al. v. Amanda Stein, et al., No. 5D08-2162, Fla. App., 5th Dist.; 2010 Fla. App. LEXIS 556). Full story on lexis.com

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Baltimore Jury Awards $9.9M To Man For Exposure To Asbestos As A Child

BALTIMORE - A Baltimore jury on Jan. 26 awarded a man $9,936,688 for mesothelioma caused by exposure as a child to asbestos on clothing his father wore home from his job as an engineman aboard an oil tanker (Nayman Lawson, et al. v. A.C. and S. Inc., et al., No. 24X08000102, Consolidation number 24X08000279, Md. Cir., Baltimore City). Full story on lexis.com

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Justice Dismisses Tenant’s Mold Injury Claims, Rejects Causation Evidence

NEW YORK - A New York Supreme Court justice on Dec. 18 dismissed a tenant's claims against her landlord and others that she suffered personal injuries caused by mold contamination in her apartment, finding that the evidence provided by her medical expert was insufficient to prove causation (Brenda Cornell v. 360 W. 51st Realty LLC, et al., No. 113104/04, N.Y. Sup., New York Co.; 2009 N.Y. Misc. LEXIS 3579). Full story on lexis.com

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Pennsylvania Asbestos Trial Results In $50M Award

PITTSBURGH - A Pennsylvania jury has awarded $50 million to the estate of man exposed to asbestos, finding in the Jan 29 verdict that the remaining defendant was 4 percent liable for the man's death (Melissa Williams, et al. v. A.W. Chesterton Co., et al., No. GD 09-008703, Pa. Comm. Pls., Allegheny Co.). Full story on lexis.com

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Illinois Supreme Court Declares Medical Malpractice Damages Cap Unconstitutional

SPRINGFIELD, Ill. - The Illinois Supreme Court on Feb. 4, in a 4-2 decision, invalidated the state's legislative cap on noneconomic damages in medical malpractice cases, saying that such a limitation violates the separation of powers clause of the Illinois Constitution (Abigaile Lebron, a minor, et al. v. Gottlieb Memorial Hospital, et al., Nos. 105741, 105745, Ill. Sup.). Full story on lexis.com

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