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November 30, 2008

7th Circuit Affirms Convictions Of Indiana Mother And Son On Conspiracy, Mail Fraud

SOUTH BEND, Ind. - The evidence was sufficient to support the convictions of an Indiana man and his mother on charges of mail fraud and conspiracy to commit mail fraud related to insurance losses on three different vehicles purchased by the son in the mother’s name, then sold to her daughter-in-law for inflated prices, a Seventh Circuit U.S. Court of Appeals panel held Oct. 14, affirming their convictions and finding no error requiring a new trial (United States v. Essie Jackson and Joe Jackson, Nos. 07-1449 & 07-1577, 7th Cir.; 2008 U.S. App. LEXIS 21503).
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Judge Dismisses Family’s Paxil Suicide Suit, Finds No Causation

NEW ORLEANS - The manufacturer of a generic version of Paxil was awarded summary judgment by a federal judge on Nov. 17, after the family of a man whose suicide was allegedly caused by his use of the antidepressant failed to present any evidence to establish a causal link (Patricia Smith, et al. v. GlaxoSmithKline Corp., et al., No. 05-2728, E.D. La.; 2008 U.S. Dist. LEXIS 93617).
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Attorney Fees Of $6.5M Granted In TJX Suit; Judge Says Future Awards May Not Be So Large

BOSTON - After discussing in great detail tying the award of attorney fees in class action suits to the benefits actually collected by class members rather than the benefits made available to class members, the federal judge in the data breach case against The TJX Cos. Inc. granted the $6.5 million in fees requested by plaintiffs’ counsel but cautioned that things will be different in future cases (In Re: TJX Companies Retail Security Breach Litigation, No. 07-10162, D. Mass.; See September 2008, Page 4).
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Marsh, Class Plaintiffs Ask For Final Approval Of $69M Settlement

NEWARK, N.J. - Marsh & McLennan Cos. Inc. and the plaintiffs accusing it and others of bid rigging and contingent commission agreements presented arguments to the insurance brokerage antitrust multidistrict litigation judge on Nov. 10 regarding the $69 million settlement offer from the Marsh defendants (In Re Insurance Brokerage Antitrust Litigation, No. 04-5184; In Re Employee-Benefit Insurance Brokerage Antitrust Litigation, No. 05-1079, D. N.J.; See August 2008, Page 4).
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UNCITRAL Tribunal Grants Interim Measures To Russian Company Against Mongolia

VIENNA, Austria - A United Nations Commission on International Trade Law (UNCITRAL) tribunal on Sept. 2 ordered suspension of payment by a Russian-invested mining company of a windfall profit tax to the Government of Mongolia and required the company to provide “gradually increasing security” to the government pending a final award (Sergei Paushok, et al. and Government of Mongolia, UNCITRAL).
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$12.9M Awarded In 3 New Jersey Accutane IBD Cases

ATLANTIC CITY, N.J. - A New Jersey state court jury on Oct. 19 awarded $12,895,500 to three plaintiffs who claim that their inflammatory bowel disease (IBD) was caused by Hoffman-La Roche Inc.’s acne drug Accutane (Kelly Mace v. Hoffman-La Roche Inc., et al., No. ATL-L-199-05 MT, Jordan Speisman v. Hoffman-La Roche Inc., et al., No. ATL-L-196–05 MT, Lance Sager v. Hoffman-La Roche Inc., et al., No. ATL-L-197-05 MT, N.J. Super., Atlantic Co.).
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November 29, 2008

WEEK IN REVIEW


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Just Who Are You Calling Old?

Icould barely contain my shock when I read the offhand comment that George Artz, a longtime Democratic operative and former press secretary to Mayor Edward I. Koch, recently made to The Washington Post: He said that Rep. Nita Lowey (D-N.Y.) would make a great replacement for Sen. Hillary Rodham Clinton because Lowey “is in her 70s, and her health is so-so, so she would be the perfect interim pick to serve out the term.”

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Justice Stevens shows no signs he is ready to quit

WASHINGTON — Only one Supreme Court justice was at Chicago’s Wrigley Field to see Babe Ruth supposedly point to the spot where he would hit a home run in the 1932 World Series.

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Ages of Supreme Court justices and recent retirees

— The members of the Supreme Court, by age:

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