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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.



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.


Kentucky man sues Facebook over tracking cookie
Lawyer Blog News | 2011/10/10 16:19
A Facebook user in western Kentucky has filed a federal lawsuit against the social networking giant, accusing it of violating wiretap laws with a tracking cookie recording web browsing history after logging off of Facebook.

The plaintiff, David Hoffman of Paducah, is asking a judge to grant class-action status to represent the roughly 150 million
Facebook users in the United States. Hoffman's lawsuit seeks a preliminary and temporary injunction restraining Facebook from intercepting electronic information when they are not logged in and from disclosing any of the information already acquired.

It also seeks damages of $100 per day for each of the class members or $10,000 per violation. The Kentucky lawsuit, filed Friday in U.S. District Court, is similar to cases filed in recent weeks in California, Kansas and Louisiana.


Court refuses to hear Maryland gun case
Lawyer Blog News | 2011/10/04 13:47
The Supreme Court won't hear a Maryland man's argument that the Second Amendment allows him to carry a gun outside of his home for self-defense.

The high court on Monday refused to hear an appeal from Charles F. Williams Jr., who was arrested in 2007 for having his legally-purchased handgun outside his home without a state permit.

The high court has ruled there is a right to keep a gun in the home for protection. But gun advocates say people also have the constitutional right to carry their guns outside the house for self-protection.

Maryland courts say if the Supreme Court agrees with that theory "it will need to say so more plainly." The high court refused the opportunity on Monday.


Mexico court upholds state right-to-life amendment
Lawyer Blog News | 2011/09/30 15:11
Mexico's supreme court on Wednesday let stand a right-to-life amendment to the Baja California state constitution that says life begins at conception and effectively bans elective abortions in the northern border state.

The ruling appeared to allow Mexican states to decide individually on the abortion question, though the court has also agreed to review a similar amendment from the north-central state of San Luis Potosi.

Sixteen of Mexico's 31 states have adopted right-to-life amendments that severely restrict abortions, though almost all continue to allow it under some circumstances like rape or danger to a mother's life. Only Mexico City has legalized abortion on demand in the first trimester.

Seven justices of the 11-member court voted to overturn the amendment, arguing it was a federal issue, or could violate federally guaranteed rights. But eight votes are needed to overturn a law on grounds of unconstitutionality


Discover faces FDIC action on protection sales
Lawyer Blog News | 2011/09/30 11:10
Discover Financial Services is facing an enforcement action by the Federal Deposit Insurance Corp. over the way it sold its payment protection, identity theft protection and other products.

The Riverwoods, Ill.-based credit card company said in a regulatory filing late Wednesday that the agency has notified its banking division that it plans to take action, following an investigation started several months ago. Discover said it is cooperating in the probe. The FDIC would not comment.

The investigation follows the filing of a series of class action lawsuits in various U.S. District Courts challenging the company's marketing.

At issue are its sales policies for several products:

Payment protection: This service allows users to put Discover Card payments on hold for up to two years following a job layoff, disability, leave of absence, hospitalization, death of a spouse or domestic partner or federal or state disaster. It also allows one-month holds on payments following happier events like a marriage, childbirth, adoption, new job, retirement, moving or graduation.


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