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Standing to Bring a Case

Apr 30, 2013 — by Jeff Mundy
Tags: Civil Procedure

 

A person has standing if (1) he has sustained, or is immediately in danger of sustaining, some direct injury as a result of the wrongful act of which he complains; (2) he has a direct relationship between the alleged injury and claim sought to be adjudicated; (3) he has a personal stake in the controversy;

(4) the challenged action has caused the plaintiff some injury in fact, either economic, recreational, environmental, or otherwise; or (5) he is an appropriate party to assert the public's interest in the matter, as well as his own.

Willis v. Marshall, (Tex. App. - El Paso, 2013)


Franchise Dispute - Gold's Gym

Apr 29, 2013 — by Jeff Mundy
Tags: Contract Law Commercial Litigation Settlement Agreement

To prevail on a breach-of-contract claim, it must be proven that (1) a valid contract between plaintiff and defendant existed, (2) the plaintiff performed or tendered performance, (3) the defendant breached the contract, and (4) the plaintiff sustained damages as a result of the breach.

Gold's Gym Franchising v. Brewer (Tex. App. - Dallas, 2013)


Surgery for Mesothelioma - Study Results

Apr 29, 2013 — by Jeff Mundy
Tags: Asbestos

The observed rate of operability is promising. A median survival of 23 months for patients undergoing EPP compares favourably with the survival reported from single center studies of upfront surgery. This approach was not associated with an increase in psychological distress.


Chemo for Mesothelioma - Analysis of Results in UK

Apr 28, 2013 — by Jeff Mundy
Tags: Asbestos

Malignant pleural mesothelioma is almost always fatal, and the worldwide incidence continues to rise. In the UK, the mortality rate increased 12-fold between 1968 and 2001; nearly 2000 deaths were recorded in 2005, and estimates predict that this number will increase to a peak of about 2200 by the year 2013. By 2001, 25 000 deaths had already resulted from mesothelioma in the UK and at least another 65 000 are expected by 2050. Similar figures are seen in other western European countries, with an estimated 250 000 mesothelioma deaths by 2035. The incidence of mesothelioma is directly related to the production and use of asbestos, and whereas the incidence peak is approaching in the USA and western Europe, in future decades the epidemic will shift towards countries that still produce or use large quantities of asbestos—eg, Russia, China, Canada, Kazakhstan, Brazil, Zimbabwe, India, and Thailand.


Asbestos Facts - National Cancer Institute

Apr 27, 2013 — by Jeff Mundy
Tags: Asbestos

 

 

What factors affect the risk of developing an asbestos-related disease?

 

Several factors can help to determine how asbestos exposure affects an individual, including (2,6):

  • Dose (how much asbestos an individual was exposed to).
  • Duration (how long an individual was exposed).
  • Size, shape, and chemical makeup of the asbestos fibers.
  • Source of the exposure.
  • Individual risk factors, such as smoking and pre-existing lung disease.

Although all forms of asbestos are considered hazardous, different types of asbestos fibers may be associated with different health risks. For example, the results of several studies suggest that amphibole forms of asbestos may be more harmful than chrysotile, particularly for mesothelioma risk, because they tend to stay in the lungs for a longer period of time


Alimta - Chemo for Mesothelioma

Apr 26, 2013 — by Jeff Mundy
Tags: Asbestos

 

What is Alimta (pemetrexed for injection)?

Alimta is a new cancer drug used to treat malignant pleural mesothelioma. Alimta is given with cisplatin, another anti-cancer medicine.
 


No Court Review of Certain Church Matters

 

The ecclesiastical abstention doctrine "prevents secular courts from reviewing many types of disputes that would require an analysis of 'theological controversy, church discipline, ecclesiastical government, or the conformity of the members of the church to the standard of morals required.' The doctrine provides that "civil courts are to accept 'as final, and as binding on them' the decisions of an ecclesiastical institution on such matters.  The "ministerial exception" refers to the application of the doctrine in the employment context. Id. It provides that civil courts lack subject matter jurisdiction to decide cases concerning employment decisions by religious institutions concerning a member of the clergy or an employee in a ministerial position. Id.

 


Alien Tort Statute - Tortious Conduct in Foreign Country

Apr 22, 2013 — by Jeff Mundy
Tags: Personal Injury

The [Alien Tort] statute provides district courts with jurisdiction to hear certain claims, but does not expressly provide any causes of action... The grant of juris­diction is instead "best read as having been enacted on the understanding that the common law would provide a cause of action for [a] modest number of international law violations."  We thus held that federal courts may "recognize private claims [for such violations] under federal common law."  The Court in Sosa rejected the plaintiff's claim in that case for "arbitrary arrest and detention," on the ground that it failed to state a violation of the law of nations with the requisite "definite content and acceptance among civilized nations." 


Reglan Appellate Opinion

Apr 22, 2013 — by Jeff Mundy
Tags: Personal Injury

 To avoid liability, the manufacturer must take affirmative steps to alert consumers, doctors, or pharmacists of changes in the drug label. Because the duty of sameness prohibits the generic manufacturers from taking such action unilaterally, they are dependent on brand-names taking the lead. Id. at 2576 ("[I]f generic drug manufacturers, but not the brand-name manufacturer, sent [additional warnings such as a 'Dear Doctor' letters], that would inaccurately imply a therapeutic difference between the brand and generic drugs and thus could be impermissibly 'misleading.'"). Under federal law, the inquiry is whether the brand-name manufacturers sent out a warning, not whether the proposed warning to be disseminated contains substantially similar information as the label. Because no brand-name manufacturer sent a warning based on the 2004 label change, the generic manufacturers were not at liberty to do so. 


West Fertilizer Plant - More Reports of Plant Violations

Apr 20, 2013 — by Jeff Mundy
Tags: News

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