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Blog Posts in July, 2014

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” ...

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 ...

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. ...

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 ...

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