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Dispute on eye drop size fails to catch Supreme Court's eye
Attorney Interview |
2018/05/12 00:22
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A dispute about the size of eye drops has failed to catch the eye of the Supreme Court.
Drug companies including Allergan, Bausch & Lomb, Merck and Pfizer had asked the court to get involved in the case. The companies were sued by patients using their eye drops to treat glaucoma and other eye conditions. The high court said Monday that it won't take the case. That means a lower-court decision allowing the lawsuit to go forward will stand.
The patients said that drug companies' bottles dispense drops that are too large, leaving wasted medication running down their faces. The patients said they would pay less for their treatment if their bottles were designed to dispense smaller drops.
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New York court says Trump can't delay defamation lawsuit
Attorney Interview |
2018/04/26 00:19
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A New York court says former "Apprentice" contestant Summer Zervos can proceed with her defamation lawsuit against President Donald Trump, at least for now. A state appeals court on Thursday turned down a request by Trump's lawyers to delay the case while they appeal a lower-court decision.
Zervos appeared on Trump's former show, "The Apprentice," in 2006. She says he subjected her to unwanted groping and kisses when she sought a job in 2007.
When Trump called her a liar, she sued. Trump's lawyers want to freeze the case until an appeals court decides whether a president can be sued in state court. That's likely to take at least until fall.
The decision means Zervos' lawyers can proceed with demands that the president give a deposition and turn over documents.
A former Deere & Co. factory manager cannot sue the company under the Iowa Civil Rights Act because he worked and lived in China when he was disciplined for having sexual relationships with two Chinese woman also employed by the company, the Iowa Supreme Court said Friday.
The ruling establishes for the first time that the Iowa Civil Rights Act does not apply to circumstances that occur outside the state even though the parties involved may have some Iowa connection. The decision means the lawsuit filed by Matthew Jahnke will be dismissed.
Jahnke, who began working for Deere in 1998, took a job with the company in Harbin in the northeast part of China in 2011 to oversee the construction of a new factory and to manage it once completed.
In April 2014, Deere received internal reports that one of Jahnke's employees had "procured several very expensive luxury cars" for Jahnke, and helped Jahnke "find beautiful women" in exchange for favorable performance reviews. The reports prompted an investigation that revealed Jahnke had sexual relationships with two Chinese women who also worked at the Deere Harbin factory.
The company concluded that Jahnke violated its code of business conduct because he failed to timely disclose sexual relationships with women he managed.
The Deere employee responsible for the initial investigation concluded in his report that Jahnke, a 60-year-old man involved in a sexual relationship with a 28-year-old woman, could cause embarrassment and negative perception for the company and "there could be the obvious perception of an oldish factory manager abusing his influence/position—and create (sic) some possible exposure for the company." |
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UK Supreme Court declines appeal from parents of ill toddler
Attorney Interview |
2018/04/18 13:24
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Britain’s Supreme Court declined Friday to hear an appeal from a mother and father who want to take their terminally ill toddler to Italy for treatment instead of allowing a hospital to remove him from life support.
The decision is another setback for the parents of 23-month-old Alfie Evans, who have been engaged in a protracted legal fight with Alder Hey Children’s Hospital over their son’s care.
The Supreme Court decision means an earlier Court of Appeal ruling will stand. Justices in that court upheld a lower court’s conclusion that it would be pointless to fly the boy to Rome for treatment.
Alfie is in a “semi-vegetative state” as the result of a degenerative neurological condition that doctors have been unable to definitively identify. Earlier court rulings blocked further medical treatment and ordered the boy’s life support to be withdrawn.
In appealing the rulings, Alfie’s parents, Tom Evans, 21, and Kate James, 20, argued their son had shown improvement in recent weeks. But doctors said his condition was irreversible.
Pope Francis prayed Sunday for Alfie and others who are suffering from serious infirmities.
It was the second time the pope offered his views about a case involving a terminally ill British child. In July, Francis spoke out on behalf of Charlie Gard, who died a week before his first birthday from a rare genetic disease after his parents fought in court to obtain treatment for him outside of Britain. |
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Ohio court to decide if ex-player can sue over concussions
Attorney Interview |
2018/04/09 10:11
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The Ohio Supreme Court will decide whether the widow of a former University of Notre Dame football player can sue the school and the NCAA over allegations her husband was disabled by concussions from his college career in the 1970s.
Steve Schmitz was suffering from dementia and early onset Alzheimer's disease when he and his wife, Yvette, filed a lawsuit in Cuyahoga County in October 2014. The lawsuit alleged both institutions showed "reckless disregard" for the safety of college football players and for their failure to educate and protect players from concussions.
The lawsuit said the link between repeated blows to the head and brain-related injuries and illnesses had been known for decades, but it was not until 2010 that the NCAA required colleges to formulate concussion protocols to remove an athlete from a game or practice and be evaluated by doctors.
Steve Schmitz died in February 2015. The lawsuit said the Cleveland Clinic diagnosed him in 2012 with chronic traumatic encephalopathy, or CTE, a brain disease attributed to receiving numerous concussions.
A judge ruled that too much time had passed for Schmitz to sue, a decision overturned by a state appeals court. The state's high court planned to hear arguments from both sides on Wednesday.
A ruling in favor of Schmitz's widow would allow her to return to court and argue the specific allegations regarding the impact of concussions on her husband, a running back and receiver.
Notre Dame and the NCAA argue the statute of limitations for Schmitz to have sued date back to his playing days when he first realized he suffered head injuries. As such, the two-year window for filing a personal injury claim had long passed, the institutions say. |
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