Supreme Court decisions made in the 2008-09 term
(LawInfo Weblog)... .7 million jury award to a musician who lost her arm to gangrene following an injection. The right arm of Diana Levine of Vermont was amputated after she was injected with Phenergan, an anti-nausea medicine made by Wyeth Pharmaceuticals. Levine's lawsuit said she ... promote light and "low tar" brands. The decision was at odds with recent anti-consumer rulings that limited state regulation of business in favor of federal power. Decided on Dec. 15, 2008. NAVY SONAR USAGE The Supreme Court ruled 6-3 ...
July 1, 2009 11:21 am
Vermont to California, new laws take effect July 1
(Lethal Injection)Vermont to California, new laws take effect July 1 By The Associated Press - 1 day ago New laws taking effect in several states Wednesday: Alabama: _Makes more women diagnosed with breast or cervical cancer eligible ... the person is pardoned or the conviction is overturned. Nevada: _Reduces the liability of restaurants, hotel-casinos and other businesses that donate perishable foods such as bread, hot or cold dishes and leftover buffet items. New Mexico: _Abolishes ...
June 28, 2009 05:58 am
The Public Health Insurance Option [UPDATED]
(InsureBlog)... the impact of additional regulations her husband signed into law-prompted Dr. Steinberg to end participation in the state's largest Medicaid-managed care program. As a result, the residents of Shelburne in Vermont's largest Medicaid plan lost access to the ... who lost access to their physician due to Medicaid bureaucracy and poor coverage. So health care is a business decision. As in, "for profit". Supposedly having a government run plan would eliminate the for profit motive. Apparently not . . . ...
June 25, 2009 07:14 am
America's Agenda: Health Care For All - Conversation with Dick Gephardt on bipartisan business-labor-payor coalition prodding policymakers into action
(HealthBlawg :: David Harlow's Health Care Law Blog)... 's Agenda came to town and recommended taking a different tack, based on polling data showing that the key issue for Vermonters (most of whom were already insured and were unmoved by the rhetoric about universal coverage) was concern about being able to ... reforms. It remains to be seen whether this new stripe of activism will gain significant traction in Washington, or whether the business-labor-payor alliance will simply break down as we get closer to the massive financial issues at stake in the ...
June 23, 2009 02:25 pm
Another GM/Chrysler “Bankruptcy Loophole” Update
(ThePopTort)... from the past few days… Attorneys General from Connecticut, Kentucky, Maryland, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Vermont, and West Virginia are standing up for injured consumers, filing objections to the GM bankruptcy last Friday (here, here, ... due to a faulty seatbelt design in her Pontiac Bonneville. Lynn LoPucki, a professor and bankruptcy expert at UCLA Law School, who is quoted in the article, said, "They should assume liability for their cars. Instead, they give people a ...
June 22, 2009 10:17 am
Louisiana receives an F for insurance coverage
(Insurance Dispute Lawyer Blog)... Institute and the Competitive Enterprise Institute, found that consumers in Louisiana, Florida, Hawaii, Maryland, Massachusetts and New York pay more for homeowners coverage that is inferior. Each of those states was awarded an F. Arizona, Idaho, Utah and Vermont each earned "A" grades for their healthy insurance environment. Again this is highly unacceptable and state and federal representatives of this state need to look for a way in which this tilted scale may be leveled in order to get some ...
June 19, 2009 11:48 am
Petitions to Watch | Conference of 6.25.09
(SCOTUSblog)... Brief amicus curiae of The Coalition for Healthcare Communication Brief amicus curiae of American Business Media et al. Brief amicus curiae of Vermont (in support of respondents) [Akin Gump represents the petitioners] Cases in which the ... Petitioner's reply Respondent's supplemental brief Brief of the Permanent Bureau of the Hague Conference on Private International Law as amicus curiae (in support of petitioner) Brief amicus curiae of the United States (recommending that certiorari be granted) ...
June 18, 2009 05:19 pm
New Finra Ad Campaign Talks Tough On Fraud
(About Broker Fraud Blog)... the rules, we can fine them, suspend them - even put them out of business," a male voice says in one ad, which displays black and white images of ... detect fraud before it's too late. The campaigns will be held in Colorado, Florida, North Carolina, Vermont and Washington and be expanded to five additional states next year. The video, entitled ... Lynch, Dow Jones Newswires; 202-862-6634; sarah.lynch@dowjones.com THE HAYES LAW FIRM, www.dhayeslaw.com 4265 San Felipe, Suite 1000 Houston, TX 77027 Phone: ...
June 15, 2009 11:58 am
New Hampshire Legalizes Same-Sex Marriage; Comments By Alliance Defense Fund Attorney Austin Nimocks Suggest Future Litigation
(Legal Commentary on Proposition 8 and the Right to Marry)... Fund, told Baptist Press. "The protections he proposes do not cover business owners and individuals with religious objections to same-sex marriage, and these are ... recognize same-sex marriage: Connecticut, Iowa, Massachusetts, New Hampshire, and Vermont; two states recognize same-sex unions (i.e., civil unions for same- ... New Jersey; and five more jurisdictions have enacted domestic partnerships laws that grant many or all of the benefits of marriage to registered domestic partners: Hawaii, Maine, ...
June 3, 2009 10:48 am
... capitalism. But that, in short, is the job description for Brian Deese, a not-quite graduate of Yale Law School who had never set foot in an automotive assembly plant until he took ... ). He grew up in the Boston suburb of Belmont and attended Middlebury College in Vermont. He went to Washington to work on aid issues and was quickly hired by Nancy Birdsall, ... -Year-Old in Charge of Dismantling G.M. [New York Times] GM Falls; Weil to Stay Busy [WSJ Law Blog] General Motors Files for Bankruptcy [Am Law ...
June 1, 2009 11:12 am
Can Corporate Dissolution Proceedings Be Brought in Federal Court?
(New York Business Divorce)... in federal court. In the U.S. Second Circuit, which encompasses New York, Connecticut and Vermont, the federal courts uniformly have abstained, i.e., refused to hear a case over which they otherwise have jurisdiction, ... Burford abstention to dismiss a complaint seeking judicial dissolution of a New York corporation under Section 1104 of the Business Corporation Law based on shareholder deadlock. The plaintiff-50% shareholder resided in Indiana. The other shareholder was an Illinois corporation. ...
June 1, 2009 05:00 am
Beneficial corporations and L3Cs
(Ideoblog)... more length (in my Accountability and Responsibility in Corporate Governance) that corporate managers in fact have a lot of power under the business judgment rule to engage in what most people refer to socially responsible governance. Also, given market discipline and the agency ... to conduct their activities in a way that would qualify as program related investments. The first such statute was adopted in Vermont. See Vt. Code, title 11, ch. 21, §3001(27) [discussed here]. . . This statute requires ...
May 29, 2009 12:19 pm
Is Getting Ripped Off Usual and Customary?
(Maryland Injury and Disability Law)... life, which lowered the amount that insurance companies were obligated to cover. So if the guy with the broken leg in Vermont is presented with an out of network bill for $4000, the insurance company can say "According to our calculations, the Usual and ... been paid by the insurer in the first place. While it's a good thing that Ingenix was essentially forced out of business by Mr. Cuomo, and it is good that users of Colossus are facing similar investigations, these changes have come a little too ...
May 29, 2009 07:49 am
EXPERT WITNESS: DECEPTIVE OR ILLEGAL MARKETING AND SELLING ACTIVITIES, FAILURE TO TRAIN, SUPERVISE, COMMUNICATE AND WARN ABOUT SIDE-EFFECTS
(THE PHARMA LAW BLOG)... Capital Association, U.S. Senate, Governor of Indiana, Governor of Montana, Maryland Senate, Vermont Senate, New York City Council, Southern Medical Association, ESOMAR, NC Pharmacy ... a surprisingly large list. What do you think it is about this industry that makes companies break the law so often? Peter Rost: I think, number one, because it is highly regulated, ... Yeah, they don't want to kill people because it's bad for business, right. But if you look at a number of these cases where people inside ...
May 23, 2009 12:59 pm
In the News
(ThePopTort)... a new order, through OMB, rebuking Bush's "preemption" policy, stating "pre-emption of state law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the states ... mugs and pens have a direct effect on doctors' prescription writing habits. Meanwhile, the Vermont legislature just passed a law banning nearly all such gifts, and "requiring drug and device makers to publicly disclose all money given to physicians and other health care ...
May 20, 2009 03:04 pm
Regulating Drug Marketing To Doctors
(Legal Blog)... medical device manufacturers to disclose the payments they make to health care providers. The law will require specific disclosure of doctors' names, dollar amounts, and the medical products ... free meals and other gifts. According to the New York Times, Vermont's law is scheduled to take effect on July 1, and is believed to be the most stringent ... conflict of interest for doctors and health care providers. Legislation like Vermont's new law is needed here in California and nation-wide. The New York ...
May 20, 2009 02:38 pm
Marketing by Pharmaceutical Companies and Medical Device Manufacturers
(Drug Recall Lawyer Blog)... patients. However, the conversations doctors have with these sales reps often times are rushed (doctors are busy people); and one-side (and, did I mention that most sales reps don't have medical training?). Vermont is poised to join a cadre of ... enforcement action against several medical device manufacturers in recent years for violations of fraud and abuse laws. Through its investigations, the OIG found medical device manufacturers providing kickbacks to physicians in the form ...
May 20, 2009 01:20 pm
Vermont Pioneers Crackdown on Drug Industry Freebies to Doctors
(Patient Safety Blog)... . This is an important step forward in eliminating the conflicts of interest that plague use of prescription drugs in the United States. Vermont already has publicized non-doctor-specific data on drug industry payments intended to influence doctors. Even ... hundreds of millions of dollars each year on such marketing suggests otherwise. Commendably, the Vermont Medical Society supported the new disclosure law. Patrick Malone discusses conflicts of interest and how patients can use drugs -- sensibly, ...
May 20, 2009 12:07 pm
Ignition Interlock and DWI - article by visiting author Kimberly Peterson
(Missouri Injury Law Blog)... states in the nation do not have any laws that require ignition interlock devices: Alabama, South Dakota, and Vermont. However, the rest of the nation believe that mandatory ... time DWI offenders, while many other states offer discretionary status of the law. The ignition interlock has been hailed as one of the most effective tools in the fight ... fails this test, however, the car does not shut itself off as this is dangerous on a busy street, but rather sets of the alarm and causes the car to honk and ...
May 20, 2009 10:56 am
Bill Introduced to Add Sexual Orientation and Gender Identity and Expression to Protected Classes Under Ohio Law
(Employer Law Report)... discriminate on the basis of sexual orientation or gender identity and expression except where the organization is engaged in a secular business activity unrelated to the religious or educational purpose for which the organization is organized. [R.C. 4112.02(R).] ... -California, Colorado, Iowa, Illinois, Maine, Minnesota, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia-protect gender identity or expression or transgender status as a protected class. ...
May 20, 2009 07:54 am