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Merck Australia wins appeal in Vioxx lawsuit
Lawyer Blog News | 2011/10/12 11:55

An Australian court on Wednesday overturned a judgment that found the once-popular painkiller Vioxx doubled the risk of heart attack and was unfit for consumption.

The Federal Court's decision reverses a 2010 ruling that had found in favor of an Australian man who blamed the since-recalled drug for a heart attack he suffered. The court said the man, a former smoker, was susceptible to a heart attack independent of taking the drug.

The 2010 judgment — which awarded Graeme Peterson 287,000 Australian dollars ($285,000) in compensation — had opened the door for claims from hundreds of other litigants in a lawsuit against U.S. pharmaceutical giant Merck & Co. over the arthritis painkiller.

Vioxx was taken off the international market in 2004 after research showed it raised the risk of heart attacks and strokes. Merck, the world's second-largest drugmaker by revenue, later paid a $4.85 billion settlement to resolve about 50,000 lawsuits in the U.S.

Peterson sued Merck and its Australian subsidiary, Merck Sharpe & Dohme, arguing the painkiller was the cause of his 2003 heart attack, which left him unable to work.

In March 2010, Federal Court Judge Christopher Jessup found that Merck Sharpe & Dohme failed in its duty of care by not warning Peterson's doctor about the drug's potential cardiovascular risks, and by its sales representatives emphasizing the drug's safety. Jessup also concluded that the consumption of Vioxx doubled the risk of heart attack and was unfit for use as a pain reliever.

Merck Sharpe & Dohme appealed that decision. On Wednesday, the Federal Court in Melbourne ruled the 2010 judgment should be thrown out and said the drug company was not liable for damages. The money originally awarded to Peterson has been held by the court since the initial ruling, so there is nothing for him to pay back.



Court won't hear gay dads' birth certificate case
Legal Career News | 2011/10/12 10:56

The Supreme Court has rejected an appeal from a gay couple who want both of their names to appear on the Louisiana birth certificate of the child they adopted.

The court said Tuesday it won't review a federal appeals court ruling against the adoptive parents. The appeals court ruled that the Louisiana registrar's insistence that only one father's name can go on the certificate does not violate the child's right to equal protection under the law or deny legal recognition of the adoption by both men. The adoption occurred in New York, which allows same-sex couples to adopt.

Louisiana says its birth certificate policy reflects state law prohibiting adoption by unmarried couples, whether heterosexual or gay.



Court won't hear appeal from Alamo followers
Court Feed News | 2011/10/11 16:20
The Supreme Court won't hear an appeal from followers of evangelist Tony Alamo (uh-LAHM'-oh) who had their children taken away when they wouldn't agree not to expose them to the controversial ministry.

The high court on Tuesday refused to hear an appeal from several Alamo followers, who sued the Arkansas Department of Human Services after their children were taken away in 2008.

Prosecutors won sexual abuse convictions against Alamo in 2009. Social workers feared the children might someday be abused, and told the parents to break their financial dependence on Alamo's ministry. The parents refused.

The Arkansas Supreme Court ruled that the taking of the children was not a barrier to the parents' constitutional rights to practice religion.


US court turns down Philly DA in cop-killing case
Criminal Law Updates | 2011/10/11 13:21
The U.S. Supreme Court has rejected a request from prosecutors who want to re-impose a death sentence on former Black Panther Mumia Abu-Jamal, convicted of killing a white Philadelphia police officer 30 years ago.

The justices on Tuesday refused to get involved in the racially charged case. A federal appeals court ordered a new sentencing hearing for Abu-Jamal after finding that the death-penalty instructions given to the jury at Abu-Jamal's 1982 trial were potentially misleading.

Courts have upheld Abu-Jamal's conviction for killing Officer Daniel Faulkner over objections that African-Americans were improperly excluded from the jury.

The federal appeals court in Philadelphia said prosecutors could agree to a life sentence for Abu-Jamal or try again to sentence him to death.


Utah bank sued over overdraft fees, policies
Lawyer Blog News | 2011/10/11 11:19
Zions Bank's overdraft policies and practices are being challenged in a Utah federal class action lawsuit.

Filed this week in Salt Lake City's U.S. District Court, the lawsuit contends the bank makes it difficult - if not impossible - for customers to avoid fees, even if they closely monitor accounts.

The Deseret News of Salt Lake City reports the lawsuit was filed by three law firms on behalf of a Sandy woman and other Zions customers charged overdraft fees between 2005 and 2010.

In court papers, attorneys say Zions manipulated and altered the order in which debit transactions were posted in order to maximize the number of overdrafts.

Based in Salt Lake City, Zions has branches in 10 states.  

A spokeswoman says the company doesn't comment on pending lawsuits.


Ex-Justice Stevens optimistic about court's future
Headline News | 2011/10/11 10:20
Retired U.S. Supreme Court Justice John Paul Stevens spent much of his 35 years on the court disagreeing with the majority, but he's bullish about the institution.

At a talk Monday at Princeton University, his biggest applause line was for his shortest answer. The question: Are you optimistic about the future of the court and the Constitution?

His answer: "Yes."

The 91-year-old retired justice had a public conversation with Princeton Provost Christopher Eisgruber, who served as a clerk for him in the 1989-1990 court session.

His talk came a week after the publication of his book "Five Chiefs," about the three chief justices he served under and the two others he got to know earlier in his legal career as a clerk and a lawyer.

Stevens, famous for his bow ties, donned one in Princeton black and orange for the occasion. During a tenure that was the third-longest in court history, he also became famous for disagreeing with the court's majority. Stevens was appointed by Republican President Gerald Ford, and by the time he left last year, he was perhaps the most reliably liberal member of the court. About half his 1,400 opinions were dissents

For some Princeton students, that made him a hero. One woman wore a T-shirt that said, "I (heart) JPS."

Stevens has regrets about upholding a Texas capital punishment law and wishes the court would change positions on sovereign immunity and allow lawsuits against the government.

Yet he's happy with the way the court works.

He appeared a bit taken aback when one student asked him if the court should have a way to enforce its own rulings. "It's true that the court has to rely on the executive branch," he said. "But I don't think that's ever been a problem."

He also that by the time he joined the court in 1975, it was a congenial place — something he said wasn't the case when he was a clerk there himself in 1947.


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