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Arizona court says Costco can be sued over ED drug disclosure
Court Feed News | 2019/05/03 00:11
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.

The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.

Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.

The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.

“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”

The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.


EPA reaffirms glyphosate safe for users as court cases grow
Lawyer Blog News | 2019/05/01 21:53
The Environmental Protection Agency reaffirmed Tuesday that a popular weed killer is safe for people, as legal claims mount from Americans who blame the herbicide for their cancer.

The EPA’s draft conclusion Tuesday came in a periodic review of glyphosate, the active ingredient in Roundup. The agency found that it posed “no risks of concern” for people exposed to it by any means — on farms, in yards and along roadsides, or as residue left on food crops.

The EPA’s draft findings reaffirmed that glyphosate “is not likely to be carcinogenic to humans.”

Two recent U.S. court verdicts have awarded multimillion-dollar claims to men who blame glyphosate for their lymphoma. Bayer, which acquired Roundup-maker Monsanto last year, advised investors in mid-April that it faced U.S. lawsuits from 13,400 people over alleged exposure to the weed killer.

Bayer spokesmen did not immediately respond Tuesday to an email seeking comment.

Nathan Donley, a scientist at the Center for Biological Diversity environmental group, said the agency is relying on industry-backed studies and ignoring research that points to higher risks of cancer.

In 2015, the International Agency for Research on Cancer, part of the World Health Organization, classified glyphosate as ”probably carcinogenic to humans.” The agency said it relied on “limited” evidence of cancer in people and “sufficient” evidence of cancer in study animals.

The EPA draft review says the agency found potential risk to mammals and birds that feed on leaves treated with glyphosate, and risk to plants. The agency is proposing adding restrictions to cut down on unintended drift of the weed killer, including not authorizing spraying it by air when winds are above 15 mph.


Roggensack Re-Elected as Wisconsin Supreme Court Chief
U.S. Legal News | 2019/04/30 04:54
Wisconsin Supreme Court Chief Justice Patience Roggensack has been re-elected to a third, two-year term leading the court.

The court announced her re-election by fellow justices Tuesday. The result was public, but the vote was done in secret and the breakdown was not announced.

Roggensack replaced Justice Shirley Abrahamson as chief justice in 2015 after voters approved a constitutional amendment giving justices the power to elect the chief justice. Prior to that it had automatically gone to the longest-serving member, who is Abrahamson.

Roggensack is one of the four majority conservative justices. Abrahamson is one of three minority liberal members.

Roggensack says in a statement that she is honored to continue serving as chief justice. She has been on the Supreme Court since 2003.

The chief justice also serves as the administrative head of Wisconsin's judicial system.


Wisconsin court says gun site not liable in spa shooting
Class Action News | 2019/04/29 04:54
The state Supreme Court dismissed a lawsuit Tuesday alleging a firearms website that enabled a man to illegally purchase the pistol he used in a mass shooting at a suburban Milwaukee spa six years ago is liable in the killings, ruling that federal law grants the site operators immunity.

The court ruled 5-1 that the federal Communications Decency Act protects Armslist LLC, a firearms classifieds website. The act absolves website operators of any liability resulting from posting third-party content.

Radcliffe Haughton’s wife, Zina Daniel Haughton, had taken out a restraining order against him that prohibited him from possessing a firearm. But he bought a semi-automatic pistol and ammunition in October 2012 from a person he met through Armslist.com, according to court documents.

The next day he opened fire at Azana Salon & Spa in Brookfield, where his wife worked. He killed her, two of her co-workers and wounded four others before he took his own life.

According to court documents, Haughton used an Armslist.com function that allowed him to bypass ads from licensed dealers, enabling him to avoid a background check.


Challenge to Georgia election system faces first court test
Law & Politics | 2019/04/28 04:55
A sweeping lawsuit challenging the way Georgia elections are run is being put to its initial test Monday as state election officials try to persuade a federal judge to toss it out.

The lawsuit was filed weeks after Republican Brian Kemp narrowly beat Democrat Stacey Abrams, in a governor's race that focused national scrutiny on Georgia's outdated voting machines and on allegations of voter suppression by Kemp, who was the state's top election official during the race.

Kemp has adamantly denied allegations of wrongdoing. He signed legislation earlier this month that provides specifications for a new voting system, which the current secretary of state, Brad Raffensperger, says he'll implement in time for the 2020 election cycle.

The lawsuit accuses the secretary of state and election board members of mismanaging the 2018 election in ways that deprived some citizens, particularly low-income people and minorities, of their constitutional right to vote. It seeks substantial reforms and asks that Georgia be required to get a federal judge's approval before changing voting rules.

The suit was filed by Fair Fight Action, an organization founded by Abrams, and Care in Action Georgia, a nonprofit that advocates for domestic workers. Several churches, including Ebenezer Baptist Church in Atlanta, the spiritual home of the Rev. Martin Luther King Jr., joined the suit in February.



Texas man accused in fatal I-70 pileup appears in court
Employment Law | 2019/04/26 04:55
Court documents say that a speeding semitruck passed a runaway truck ramp before plowing into other vehicles on a crowded highway near Denver, killing four people and injuring at least six others.

The truck driver, 23-year-old Rogel Lazaro Aguilera-Mederos, of Houston, made his first court appearance Saturday after being arrested on suspicion of vehicular homicide.

State District Judge Chris Zenisek set $400,000 bond. Aguilera-Mederos, who suffered minor injuries in the crash, didn't speak during the hearing. He was represented by Denver attorney Robert Corry, who couldn't be reached for comment afterward.

His next court hearing is set for May 3 when prosecutors are expected to file charges against Aguilera-Mederos, who remains in the Jefferson County jail.

The crash happened Thursday on Interstate 70 where the highway descends from the Rocky Mountains.



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