Tobacco lawsuit against Philip Morris going to trial again

February 3, 2009

Nearly two months after ending in a mistrial, the first of about 8,000 cases against tobacco companies in Florida is scheduled to head to trial again next week in Broward.

 

Cooper City widow Elaine Hess is suing cigarette maker Philip Morris, alleging her husband’s death was caused by his addiction to cigarettes containing nicotine. Stuart Hess, a locksmith, died of lung cancer at age 55 in 1997.

 

The case originally went to trial in December, but ended on the second day of testimony after an expert witness for Hess used a racial slur. Robert Proctor, a Stanford University professor, used the ”N word” in court while referring to a research project he was conducting on “the history of racism in the tobacco archives.”

 

Read Article: Miami Herald

 

Posted By: Phoenix DUI Attorney

Appeals court rejects disclosure of Medicare data

A consumer group seeking Medicare billing records to peek over the shoulders of doctors and grade them on quality said Monday it’s not giving up despite a reversal from a federal appeals court.

 

The case is being closely watched as an important battle in the effort to reshape the nation’s health care system. Consumer advocates, employers and insurers argue that access to Medicare claims filed by doctors’ offices could help independent groups monitor quality and ferret out waste. Patients would not be identified.

 

But doctors are worried that such disclosures would violate their privacy, and that resulting ratings could portray some physician’s offices inaccurately.

 

Read Article: Atlanta Journal-Constitution

 

Posted By: Phoenix DUI Attorney

Hearings to Address Medical Helicopter Safety

When a medical helicopter crashed near Chicago in October, killing three adults and a baby, it was more than a tragedy. It was part of a trend. The crash was the ninth fatal accident nationwide in an 11-month period; a total of 35 people died.

 

But the Chicago accident, like others preceding it, might have been prevented. The helicopter, which had clipped the support wire of a radio station tower while flying at night, lacked up-to-date safety equipment like a device to alert the pilot to towers and other nearby obstacles.

 

Hoping to reduce medical helicopters’ poor safety record, the National Transportation Safety Board on Tuesday will begin four days of hearings in Washington. There, safety advocates are expected to demand a crackdown on the medical helicopter industry, a fast-growing and loosely regulated business with annual revenues estimated at more than $2.5 billion.

 

Read Article: New York Times

 

Posted By: Phoenix DUI Attorney

FTC Sues in ‘Pay-for-Delay’ Pact

The Federal Trade Commission has filed suit in federal court in an attempt to block a deal in which a manufacturer of a brand-name testosterone-replacement drug paid three competitors to delay rolling out cheaper generic versions.

 

The FTC said the “pay-for-delay” agreement violates antitrust laws, robs consumers of less-expensive alternatives and allows the brand-name drugmaker an unfair monopoly. The state of California joined the federal agency in its complaint, which was filed last week in U.S. District Court in the Central District of California.

 

FTC officials are hoping the case will ultimately reach the U.S. Supreme Court. “We want to stop these unconscionable pay-for-delay deals that force consumers to overpay for much-needed drugs,” said Jon Leibowitz, an FTC commissioner.

 

Read Article: Washington Post

 

Posted By: Phoenix DUI Attorney

Broadcom Shareholders May Proceed With Options Suit

Broadcom Corp. shareholders can proceed with a lawsuit against the chipmaker over backdated stock options that caused it to restate earnings from 1998 to 2005 by $2.22 billion, the largest backdating related restatement.

 

U.S. District Judge Manuel Real, at a hearing today in Los Angeles, denied Broadcom’s request to dismiss the consolidated class action, or group lawsuit. The plaintiffs, led by the New Mexico Investment Council, had met their initial burden to argue that they suffered losses, the judge ruled.

 

Thomas Dubbs, a layer for the New Mexico Investment Council, said three reports of possible accounting problems related to the option grants in May of 2006, before Broadcom disclosed it would need to restate, caused a drop in the stock price. Last October, the judge told the plaintiffs to amend their complaint because they had failed to show they suffered any losses because of the company’s disclosure of accounting errors.

 

Read Article: Bloomberg

 

Posted By: Phoenix DUI Attorney

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