Archive for September, 2010

Will Vdara Hotel ‘Death Ray’ Spark Lawsuit?

And you thought summer time temperatures of up to 120 degrees in Vegas were hot? Bill Pintas was enjoying himself at the new Vdara hotel pool in the City Center, when he suddenly encountered the “death ray“: “…all of the sudden my hair and the top of my head are burning … I’m rubbing my [...]

Report: Fake Trucker Exams Compromise Safety

Truck drivers are required to pass a medical exam and carry a certificate certifying that the trucker is medically safe to drive. The long hours and late nights on the highway are a breeding ground for exacerbating existing medical conditions, and requiring an annual medical check-up is intended to help combat some potential problems and [...]

Zadroga Bill: 9/11 Health Bill Passes House

On September 29, the House of Representatives passed legislation known as the Zadroga Bill. This bill, if signed into law, will provide free health benefits for first responders to the attacks on 9/11. The bill was passed mostly on party lines by a vote of 268-160. The full name of the legislation is the Zadroga [...]

Prenuptial Agreements on the Rise

Before saying “I DO” an increasing number of women are also saying I do to a prenuptial agreement, according to a recent study conducted by the American Academy of Martimonial Lawyers. Of the 1600 divorce attorneys polled, 73% reported a rise in prenuptial agreements, and 36% saw a rise in pensions, retirement funds, and stock options. [...]

2nd Ramsay Suicide: Time to Limit Bullying?

This week it was reported that a second chef to undergo the famous Gordon Ramsay treatment has committed suicide. The body of restaurateur and chef Joseph Cerniglia was found in New York’s Hudson River after numerous 911 calls reported a man who had jumped from the George Washington Bridge. The New York coroner’s office has [...]

Leal v. Sec’y., US Dept. of Health & Hum. Servs., No. 09-15727

In Leal v. Sec’y., US Dept. of Health & Hum. Servs., No. 09-15727, an action under the Administrative Procedure Act (APA) seeking a court order requiring the Secretary of Health and Human Services to remove a report about plaintiff-physician’s alleged misconduct from the National Practitioner Data Bank, the court affirmed judgment for defendant where 1) [...]

Abel v. S. Shuttle Servs., Inc., No. 10-10659

In Abel v. S. Shuttle Servs., Inc., No. 10-10659, an action alleging violations of the overtime pay provisions of the Fair Labor Standards Act by an airport shuttle driver, the court affirmed summary judgment for defendant where defendant’s airport shuttle van drivers fell under the Motor Carrier Act exemption in 29 U.S.C. section 213(b)(1).   [...]

Miccosukee Tribe of Indians v. US Army Corps of Eng’rs., No. 09-14194

In Miccosukee Tribe of Indians v. US Army Corps of Eng’rs., No. 09-14194, an action challenging the federal government’s plans to replace a mile of the ground-level Tamiami Trail with a bridge to increase the flow of water into Everglades National Park, the court affirmed the dismissal of the action where a spending bill partially [...]

FDA Warning to Mouthwash Makers: Stop Making Unproven Claims

The FDA is taking a noticeably harder line under the Obama Administration and letters are going out to companies the agency says are making false or unsubstantiated claims about their products. Now, one more letter has hit a three companies, right in the mouth. Johnson & Johnson, along with Walgreen Co. and CVS have all [...]

In re: Cmty. Bank of N. Virginia & Guaranty Nat’l Bank of Tallahassee Second Mortgage Loan Litig., 08-3621

In re: Cmty. Bank of N. Virginia & Guaranty Nat’l Bank of Tallahassee Second Mortgage Loan Litig., 08-3621, concerned a challenge to the district court’s decisions certifying the “settlement only” nationwide class action and approving the class settlement, in a nationwide class action lawsuit alleging predatory home equity lending scheme involving two banks and a [...]