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Fiat Chrysler Used Illegal Engine Emission Software According to the EPA Jan 20, 2017

According to a United States Environmental Protection Agency (EPA) report released on Thursday, January 12, Fiat Chrysler installed software in the engines of approximately 100,000 Dodge Ram trucks and Jeep Cherokees that masked their nitrogen oxide ...

Companies Can Be Held Liable When Asbestos Dust Sickens Workers' Families Dec 13, 2016

The California Supreme Court unanimously voted on Thursday, December 1 that companies can be held liable when people get sick from asbestos dust brought home from a job site. Following this ruling, people who contracted mesothelioma from asbestos ...

EPA Selects Asbestos for Evaluation, May Result in Restriction or Ban Dec 1, 2016

Following months of speculation, the Environmental Protection Agency (EPA) selected asbestos as 1 of the 10 substances they will evaluate under the recent powers granted to them under the amended Toxic Substances Control Act (TSCA). The act was ...

Are Judicial Campaign Donations Giving Big Business A Legal Advantage? Oct 13, 2016

It may now feel like the norm in the United States, but corporations haven’t always spent millions of dollars to finance election campaigns. The Center for American Progress, a left-leaning progressive public policy research and advocacy ...

Senator Barbara Boxer Introduces Proposed Ban on Asbestos Oct 12, 2016

Continuing her ongoing fight to protect asbestos victims across the United States, California Senator Barbara Boxer introduced the Alan Reinstein Ban Asbestos Now Act of 2016 , co-sponsored by Montana Senator Jon Tester, to the Senate on September ...

Attorney Ken Bailey Named Lifetime Achiever by Texas Lawyer Sep 16, 2016

Bailey Peavy Bailey Cowan Heckaman’s own Ken Bailey was honored as a “Lifetime Achiever” in this month’s issue of Texas Lawyer—one of only a small group of Texas attorneys to receive the award. Lifetime Achievers have made significant contributions ...

National Freight Inc. Fined Over $1 Million Following Investigation Sep 12, 2016

An investigation by the United States Department of Labor’s Wage and Hour Division into National Freight Inc. (NFI), one of the country’s biggest commercial transportation companies, has revealed that they incorrectly classified yard spotters and ...

Mother Awarded Over $10 Million in Birth Injury Case Aug 22, 2016

A Texas jury has awarded Rachel Melancon nearly $10.3 million on August 17 following a two week-long trial over the death of her newborn baby Olivia Marie Coats on January 1, 2014. The lawsuit, filed against the Medical Center for Southeast Texas and ...

Texas Hot Air Balloon Crash Claims At Least 16 Lives Aug 1, 2016

The National Transportation Safety Board (NTSB) reported [1] that 16 people or more were killed in a hot air balloon crash that occurred on Saturday, July 30, making it the worst hot air balloon crash in United States history, not counting airships. ...

Legal Battle in Indiana Involving Asbestos Apr 8, 2016

Due to the frequent use of asbestos in older construction, a number of people are coming forward to file a lawsuit after developing lung disease, including mesothelioma . This is exactly what’s happening in Indiana with a man who worked as an ...

Court Gives Green Light To Worker Misclassification Sep 26, 2014

This summer, the California Supreme Court made it easier for workers bringing employment misclassification claims to obtain class certification. The ruling benefits claimants bringing misclassification (independent contractor vs. employee) claims in ...

GM Ignition Switch MDL Judge Rules Discovery Should Proceed Sep 23, 2014

The federal multidistrict litigation (“MDL”) judge overseeing the General Motors (“GM”) ignition switch cases, which are consolidated in the Southern District of New York, denied GM’s attempt to halt discovery of certain personal injury and economic ...

Paxil Birth Defect Cases Remanded To California State Court Aug 11, 2014

On August 6, 2014, a California federal judge remanded to California state court a personal injury action filed against GlaxoSmithKline (GSK) and McKesson Corporation by a mother who alleges that GSK’s and McKesson’s failure to warn of the ...

Federal Judge: Mississippi Consumer Action Against Plavix Makers Belongs In State Court Jul 24, 2014

The federal multidistrict litigation judge overseeing personal injury claims against the makers of the blood thinner Plavix recently ordered that the State of Mississippi’s consumer protection action against Plavix’s manufacturers be remanded ...

Department of Labor Cracks Down on "Per Diem" Payments that Are Improperly Excluded from Overtime Calculations Jul 22, 2014

According to a recent U.S. Department of Labor (“DOL”) press release , the agency is combating employers’ misuse of “per diem” (per day) pay rates as means of decreasing employees’ overtime pay. The DOL’s crackdown is focused on temporary staffing ...

State Of Mississippi Thwarts Appeal Attempt By Seroquel Maker Jul 21, 2014

The Mississippi Supreme Court last Friday rejected an appeal by AstraZeneca Pharmaceuticals L.P. and related defendants, makers of the powerful antipsychotic drug Seroquel, in which the drug maker attempted to have thrown out of court a consumer ...

Canadian Drug Regulator Warns of Low-T Products' Possible Cardiac Risks, While FDA Continues to Study Potential Heart Attack Link - Bailey Peavy Bailey Jul 17, 2014

Within the last 48 hours, U.S. and Canadian drug regulators reached differing conclusions about heart attack risks associated with testosterone hormone replacement (so-called “Low-T”) products. On July 15, Health Canada issued an “Information Update” ...

Women Ask Texas AG To Sue Johnson & Johnson Over Transvaginal Mesh Implants - Bailey Peavy Bailey Jul 16, 2014

A group of women injured by vaginal mesh implants has requested Texas Attorney General Greg Abbott to sue Johnson & Johnson for deceptive business practices related to the company’s knowledge of the inherent danger of its transvaginal mesh implants. ...

Sears/Kmart Agree to Pay $5 Million to Settle Worker Overtime Claims Jul 16, 2014

Sears Holdings Management Corporation (“Sears”) agreed today to pay up to $5 million to resolve unpaid overtime class action claims brought by current and former salaried Loss Prevention Managers (“LPMs”) employed by Sears and/or Kmart stores. The ...

FDA Proposes New Orders Targeting "Clear Risks" With Vaginal Mesh Jul 11, 2014

Identifying what it calls “clear risks associated with surgical mesh for the transvaginal repair of pelvic organ prolapse” (POP), the U.S. Food and Drug Administration recently issued two new proposed orders to address those risks in order to ensure ...

California Appeals Court Reverses Summary Judgment, Allows Asbestos Wrongful Death Case To Proceed Jul 8, 2014

A California appeals court today reversed summary judgment that had been granted in favor of asbestos defendant Metalclad Insulation Corporation (“Metalclad”), holding that Metalclad did not satisfy its burden of proof as the moving party on summary ...

Class Action Certified Against Bank Of America In Overtime Pay Dispute With Real Estate Appraisers Jul 3, 2014

A federal judge last week certified a class action to proceed against Bank of America and its real estate appraisal subsidiary (collectively “BoA”) on behalf of its real estate appraisers and reviewers. BoA allegedly failed to pay the appraisers and ...

BPB Attorneys Fight To Send Paxil Birth Defect Cases Back To State Court Jul 2, 2014

The law firm of Bailey Peavy Bailey PLLC (“BPB”) has asked a federal appellate court to intervene and send a handful of Paxil birth defect cases back to Philadelphia County, Pennsylvania state court, where the cases were originally filed and had been ...

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