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CLEVELAND - A federal judge on Jan. 27 preliminarily approved a $35 million settlement in a class action alleging that a yogurt manufacturer falsely advertised its products and the health benefits provided from “probiotic” bacteria (James Gemelas, et al. v. The Dannon Co. Inc., No. 1:08-cv-236, N.D. Ohio).
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WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Feb. 17 vacated a panel decision from 2009 involving evidence standards for cases brought under 35 U.S. Code Section 145, which allows applicants dissatisfied with a Board of Patent Appeals and Interferences decision to sue before the U.S. District Court for the District of Columbia as an alternative to a direct appeal to the Federal Circuit (Gilbert P. Hyatt v. David Kappos Director, Patent and Trademark Office, No. 2007-1066, Fed. Cir.).
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WILMINGTON, N.C. - The Federal Tort Claims Act claims of the wife of a U.S. Marine who alleges exposure to chlorinated solvents while she lived at Camp Lejeune, N.C., were filed in a timely fashion and are not subject to the discretionary function exception for waiver of sovereign immunity under the act, the judge presiding over the case in the U.S. District Court for the Eastern District of North Carolina said Feb. 24 (Laura J. Jones v. United States, No. 09-106, E.D. N.C.; See 1/12/10, Page 16.).
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CAMBRIDGE, Mass. - A Massachusetts judge on Feb. 5 granted summary judgment for an apartment complex owner on all claims asserted by a tenant that mold contamination in his unit caused him to suffer respiratory illnesses, finding that the tenant was unable to prove that dangerous levels of mold existed (AvalonBay Communities Inc., d/b/a Avalon at Lexington v. Paul Hamilton, et al., No. 04-CV-0636-F, Mass. Super., Middlesex Co.; 2010 Mass. Super. LEXIS 6).
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WASHINGTON, D.C. - In a case that would have implications for debtors who file for personal bankruptcy, an attorney for the U.S. government on Feb. 22 told the U.S. Supreme Court that attorney fee awards to prevailing parties under the Equal Access to Justice Act (EAJA) are deemed taxable income to which the government is entitled (Michael J. Astrue v. Catherine G. Ratliff, No. 08-1322, U.S. Sup.).
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DES MOINES, Iowa - The Iowa Supreme Court disagreed with a trial judge’s finding that a plaintiff’s expert was inherently unqualified to render opinions in a phenylpropanolamine (PPA) injury case but on Feb. 5 said the expert’s opinions did not have sufficient scientific support (Bryan Ranes v. Adams Laboratories Inc., et al., No. 06-1428, Iowa Sup.).
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TRENTON, N.J. - An insurer has no duty to defend or indemnify its insured or the owner of the building where its insured removed a roof because the owner of the building was not named as an additional insured and the policy includes an asbestos exclusion that precludes coverage for any costs arising out of the removal of asbestos, a New Jersey federal judge said Feb. 22 (Scottsdale Insurance Co. v. Somerville Fidelco Associates LP, et al., No. 07-2763, D. N.J.; 2010 U.S. Dist. LEXIS 15258).
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TALLAHASSEE, Fla. - A Florida appeals court on Feb. 24 affirmed in part and reversed in part a decision determining what constitutes a provider and what needs to be considered in determining reimbursement rates to be paid to a hospital providing emergency services to patients who have insurance through health maintenance organizations that do not contract with the hospital (Baker County Medical Services Inc. v. Aetna Health Management, et al., No. 1D08-0067, Fla. App., 1st. Dist.).
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LOS ANGELES - Employers and the makers of asbestos-containing parts they purchase have a duty to warn users about the dangers of asbestos, but not manufacturers of valves and pumps on which those parts are incorporated, a California appeals court held Feb. 16 (Alfred C. Hall and Bertie G. Hall v. Warren Pumps LLC, et al., No. B208275, Calif. App., 2nd Dist.; See 1/6/10, Page 12; 2010 Cal. App. Unpub. LEXIS 1088).
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SANTA ANA, Calif. — A California state court jury on March 2 found that Allergan Inc. did not fail to warn about the risks of Botox in a case involving the death of a cerebral palsy victim on whom the drug was used off-label to treat leg spasms (Dee Spears, et al. v. Allergan, Inc., No. 30-2008-00180033-cu-mt-cxc, Calif. Super., Orange Co.).
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