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Disabled lawyer cranks out lawsuits
Headline News | 2011/05/09 10:50
Scott Johnson calls himself a crusader for the disabled. The hundreds of small businesses he routinely sues call him a legal extortionist.
Welcome to the rough and tumble world of providing access to the disabled. At the heart of the matter is the American with Disabilities Act, the controversial federal law requiring a minimum level of access in all public places.

Disabled advocates say since no government agency enforces the law, that task has fallen to private attorneys who file lawsuits to compel the noncompliant to provide equal access to all. Because of a quirk in California law, the state stands out as a magnet for disabled-access lawsuits and several lawyers have made a name for themselves as frequent filers.

Few, though, are as prolific as Johnson.

Since 2004, Johnson has filed more than 1,000 boiler plate lawsuits in Sacramento federal court, slightly tweaking the documents to fit the target: a restaurant's service counter is too high or an apartment complex doesn't have enough disabled parking. Just last week, the Carmichael lawyer filed more than two dozen lawsuits, mostly aimed at apartment complexes.


Further Class Action Lawsuits Filed for Depakote Side Effects
Class Action News | 2011/05/08 15:49
The Consumer Justice Foundation, a free online resource for those who are struggling with legal or personal injury issues in relation to insurance companies and/or large corporations, hereby announces that Depakote class action lawsuits have been filed by plaintiffs in St. Clair County, Illinois against the manufacturer of Depakote, Abbott Laboratories. These Depakote lawsuits, which carry the case numbers of St. Clair County Circuit Court Case No. 10-L-651 and St. Clair County Circuit Court Case No. 11-L-143, respectively, seek damages for the classes of plaintiffs that would be used to compensate them for medical expenses incurred and future costs that will be incurred in caring for those who have been harmed as a result of using Depakote.

The Depakote class action lawsuits mentioned above involve claims regarding pregnant mothers who used Depakote while pregnant. Depakote is generally used by people in order to help them treat the symptoms of seizure disorders that include migraine headaches, epilepsy and the manic episodes associated with bipolar disorder.

Unfortunately, parents around the United States have claimed that using Depakote while pregnant can lead to the possibility of children of mothers who used this medication while pregnant being born with severe birth defects. Examples of these alleged Depakote birth defects have included spina bifida, neural tube malformations, heart defects and brain defects.

The lawsuits that have been filed against Abbott Laboratories claim that the company knew of the risks of the use of one specific active ingredient, known as valproic acid and its tendency to raise the risk of birth defects developing in children of mothers who ingested this substance during the early stages of a pregnancy.

These Depakote class action lawsuits further claim that Abbott Laboratories misled doctors and the public in general by downplaying these known risks, and that this downplaying of these potential risks led to the harm suffered by the children who were born with these birth defects. Plaintiffs in these Depakote class action lawsuits are seeking compensation for medical expenses and future costs of care.


RI lawyer confirmed as US judge; GOP block fails
Lawyer Blog News | 2011/05/06 15:28
A trial lawyer nominated by President Barack Obama to be a federal judge in Rhode Island was confirmed on a party-line vote Wednesday just hours after a Senate GOP filibuster attempt failed.

The Senate voted 50-44 to confirm lawyer John McConnell to the bench after a more significant 63-33 tally to advance the nomination past a filibuster orchestrated by GOP leaders.

Eleven Republicans joined with Democrats in the earlier vote to break the filibuster. GOP leaders opposed McConnell, citing his record as a trial lawyer in cases against businesses. Republicans also said McConnell was less than truthful in his testimony to the Senate.

Wednesday's vote comes six years after the Republicans then in control of the Senate considered a change in procedures to make it impossible to filibuster judicial nominations, citing numerous Democratic efforts to stall former President George W. Bush's nominees. Democrats said Republicans were being hypocritical in now trying to filibuster a Democratic nominee.


Discrimination suit against Pa. law firm settled
Headline News | 2011/05/06 15:25
A lawsuit that accused Pittsburgh's second-largest law firm of discriminating against women has been settled.

The Pittsburgh Post-Gazette reports a dismissal notice was filed in federal court Thursday, ending the case brought by attorney JoEllen Lyons Dillon.

Dillon alleged in a December lawsuit that women at Reed Smith are paid less than men and that females are pressured to have sex with male superiors to get work.

She also said her pay was nearly halved during maternity leave, and that she was asked if she was "done having babies" when she inquired about a promotion.

Dillon's lawyer, Sam Cordes, would say only that "the matter is resolved to our mutual satisfaction."

Reed Smith declined comment. Dillon no longer works there.


Calif Supreme Court lifts tobacco suit deadlines
Legal Career News | 2011/05/06 15:25
The California Supreme Court has lifted legal deadlines for smokers who later develop diseases like lung cancer.

Lawyers who filed the lawsuit say Thursday's unanimous ruling in San Francisco will likely allow new smoker suits to be filed against the tobacco industry and keep alive lawsuits that may have been thrown out because of expired legal deadlines.

The case before the court involved former smoker Nikki Pooshs, who was diagnosed in 1989 with smoking-related chronic obstructive pulmonary disease in 1989 and a couple of years later with periodontal disease.

But Pooshs didn't sue the tobacco industry until she was diagnosed with lung cancer in 2003.

Cigarette makers argued the suit should be dismissed because California law gives people two years to file suit after discovery of an injury.


Court puts Carl Lewis back on NJ primary ballot
U.S. Legal News | 2011/05/06 12:22

Track and field legend Carl Lewis finally found a court willing to help him get into the race for the New Jersey state Senate — but there's a chance his run will be fleeting.

A three-judge panel of the Philadelphia-based U.S. 3rd Circuit Court of Appeals ruled Thursday that Lewis' name should be included when the ballots are printed for the 8th Legislative District Democratic state Senate primary. While the three-judge panel granted that emergency request, it didn't make a final ruling on whether he's eligible for office.

Lewis' lawyer, William Tambussi, said that under the ruling, "the voters, not a partisan elected official, will decide who should be the state senator in the 8th Legislative District."

Republicans contend that Lewis does not meet the state requirement that a candidate live in New Jersey for four years before seeking a seat in the state Senate.

Lewis, 49, grew up in Willingboro before becoming one of track's biggest stars and a nine-time Olympic gold medalist. He bought a home in New Jersey in 2005 and has been assisting with the track team at Willingboro High School since 2007. He went to college in Texas, and he has a home in Pacific Palisades, Calif., and a business in Los Angeles. He registered to vote in New Jersey only last month, just before he announced his candidacy.



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