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Nebraska Association of Trial Attorneys
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  January 16, 2020

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Upcoming Online CLE
30
Jan
Understanding What Makes a Good Quality FCE (Functional Capacity Evaluation)
4
Feb
Never Pay More Than $30 for Your Client's Medical Records Using Federal Law
Class Action

 
Class Claims Filed Over Protein Bar Containing Misleading Nutritional Information
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On January 2, 2020, chocolate manufacturer Hershey Co. and its newly acquired subsidiary, One Brands, were served with putative class claims in federal court in the Southern District of California, alleging that the defendants' had engaged in deceptive marketing, advertising and labeling of its ONE protein bars.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 01/16/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Counsel Financial    


Laws/Cases

 
Singer Meat Loaf Sues Hotel, Claims Stage Fall Ended His Career
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Singer Michael Lee Aday, known better under his recording name of Meat Loaf, has filed a lawsuit against a Dallas hotel after suffering a fall there that allegedly ended his career. Aday was performing at Texas Frightmare Weekend at the Hyatt Regency DFW Airport in May 2019, when he fell off the stage. He suffered injuries to his neck, collarbone, and shoulder and spent 42 days in the hospital after the incident. Named as defendants in the complaint are the hotel and the show promoter.
Staff Report, WFAA.com 01/14/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: WFAA.com    

Federal Lawsuit Filed Against California's Health and Human Services Agency
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California’s Health and Human Services Agency will face a lawsuit alleging it allows elderly Medi-Cal patients to be dumped into hospitals by nursing homes. The lawsuit, filed by three men and California Advocates for Nursing Home Reform, alleges the agency fails to enforce laws prohibiting nursing homes from getting rid of patients that are less profitable. U.S. District Judge Haywood Gilliam ruled on Wednesday that the plaintiffs alleged a concrete injury and could proceed with their lawsuit.
Maria Dinzeo, Courthouse News Service 01/15/2020   Facebook iconTwitter iconLinkedIn Icon
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Investigation Finds Seattle Children's Air Monitoring System Missed Aspergillus
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A Washington state Department of Health investigation has revealed that an air monitoring system at Seattle Children's Hospital failed to detect Aspergillus in its operating rooms. Since 2001, the hospital has been linked to 14 Aspergillus infections, including six patient deaths, and is facing a number of lawsuits. The most recent case involves a 5-month old who became infected after undergoing heart surgery at the hospital. Following the investigation, the Department of Health did not cite the hospital with any violations.
Daniel Gilbert and Ryan Blethen, Seattle Times 01/15/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Seattle Times    


Products

 
The Thompson's Company Recalls Waterproofing Spray Due to Fire Hazard
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The Thompson's Company has issued a recall on its WaterSeal Waterproofing Wood Protector and Masonry Protector in Aerosol Cans due to a fire hazard. The recall cites a risk of property damage due to the potential of "pinhole leaks" to form in the can. "Leaking propellant poses a fire hazard when it comes into contact with sources of ignition," states the recall. About 852,000 cans, which were sold at Lowe’s Home Improvement, Walmart, Menards, Home Depot and other stores nationwide, are included in the recall. There have been approximately 18 reports of leaking cans from retailers, but no injuries or damages have been reported.
Staff Report, Consumer Product Safety Commission 01/14/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Consumer Product Safety Commission    


Wrongful Death

 
Dickies Arena Facing Lawsuit Over Death of Man Crushed by Gate
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A lawsuit has been filed against the operators of Dickies Arena in Fort Worth, Texas, over the death of a man crushed by an electronic gate. The lawsuit was filed by the man's family and alleges the nonprofit company that operates the concert and sports arena and the contractors who built it failed to properly install the gate. The lawsuit was filed in Dallas County Court.
Gordon Dickson, Ft. Worth Star Telegram 01/14/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Ft. Worth Star Telegram    

Four Lawsuits Announced Over Deadly Dive Boat Fire in California
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On Monday, four more lawsuits were announced against the owners of a dive boat that caught fire off the California coast, resulting in the deaths of most of the passengers. The lawsuits were filed on behalf of four victims of the fire and allege ion lithium battery charging stations aboard the Conception were to blame. Attorneys cited a fire that took place a year earlier on a similar boat when a charging station caught fire. The complaints were filed in U.S. District Court for the Central District of California.
Megan Diskin, Ventura County Star 01/13/2020   Facebook iconTwitter iconLinkedIn Icon
Read Article: Ventura County Star    



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