When Does “Fetus” Equal “Person” in Wrongful Death Claims?

A couple in Connecticut sued an OB/GYN specialist over the wrongful death of their 22-week-old fetus. The mother, Melanie Foster, was undergoing an IUD removal when the doctor punctured her fetal membrane. Ten days later, the fetus was born alive; however, it only survived two hours post-partum. The question in front of the court is whether the fetus had achieved personhood status such that it could be considered the victim in a wrongful death suit.

Duke Energy Pays $81M Settlement

Duke Energy Ohio plans to settle a suit alleging it gave preferential treatment and kickbacks to certain large business and industrial customers from 2005 to 2008. The kickbacks, according to plaintiffs, were for these larger customers withdrawing their objections to a rate increase. The rate increase was later passed. Duke will pay $81M to settle the suit.

Hey Bayer! #ImReal! Women Speak Out About Essure

Bayer’s Essure implantable birth control device is responsible for destroying thousands of women’s lives. They have had total hysterectomies in their early 20s, been diagnosed with fibromyalgia, lupus and even cancer. All for the sake of Bayer’s almighty bottom line. No more! Hey Bayer! #ImReal and I’m not going away!

Children’s Suit Alleges Pradaxa Killed Their Father

A Louisiana man died from complications brought on by taking the anti-coagulant drug, Pradaxa. The new-gen drug has no known antidote that will counteract it’s blood thinning effects. In the event of a medical emergency, such as internal bleeding, patients must first endure multiple blood transfusions in order to remove Pradaxa from their systems.

Families of Three Firefighters Agree on Settlement for 2013 Texas Fertilizer Plant Explosion

The blast at the West Fertilizer plant killed 15 people altogether, injured 170, damaged nearby buildings and over 150 homes in the city of West, obliterating the plant, and even caused the equivalent of a 2.1 magnitude earthquake. With jury selection set to begin on Monday, authorities for the county told hundreds of prospective jurors on Sunday evening that they would not be needed for the trial involving the plant’s ownership and suppliers and the families of the deceased; Kevin Sanders, William Uptmor and Kenneth Harris. Waco District Court Judge Jim Meyer had divided the litigation regarding the explosion into three separate lawsuits, with the aforementioned case serving as a potential bellwether for the other two cases, which will contain hundreds of plaintiffs.

6th Circuit Issues Major Setback for EPA’s Clean Water Rule

The 2-1 panel decision in favor of the attorneys general of 18 states follows a similar ruling issued in late August in North Dakota federal court in a separate lawsuit involving 13 states. That stay was ordered a day before the rule was to have gone into effect. The most recent ruling, which was a consolidated appeal of four separate lawsuits by the states and other interest groups, greatly expands the geographically-limited North Dakota decision and instead blocks the majority of the country from the Obama-led initiative.

Money for Nothing – Slips are Free

Harry Reid is suing an exercise band manufacturer for damages sustained when the band either “broke or slipped” from his hand. The damages are serious, including broken facial bones & ribs and the loss of vision in his right eye. If, in fact, the band broke, Reid has a great case. However, if it merely slipped from his hand, he’s suing the manufacturer for his own clumsiness, which is a waste of the court’s time.

Cosby Deposition Stays Sealed, Unlike His Pants

Cosby failed in his attempt to dodge justice in the matter of Judy Huth, whose allegations include the comedian forcing her to perform a sex act on him when she was 15 years old. The judge ordered that the deposition, scheduled for Friday, October 9 at an undisclosed location would happen as planned. However, he ordered that no part of the deposition would be made public until a hearing on December 22nd at which he would decide what, if any, parts could be shared with the public.

Marijuana Industry faces First Product Liability Lawsuit

There are no federal regulations on the use of pesticides on marijuana plants because it is still considered to be an illegal crop at the federal level; however Colorado authorities did release a list of approved treatments, with Eagle 20 not being on the approved list. Flores justified filing the suit by saying, “I want these companies to take a step back and look at what they are putting into their products. These warehouses are getting big and really sloppy. They are adding chemicals to make things more efficient and more potent.

CFPB to Propose Forced Arbitration Changes

The proposed regulation would not completely ban the practice in its entirety, but instead force to add a section that states that the arbitration procedures do not apply if a complaint has been certified by a judge for class-action litigation. Codrary said about the provision, “Under this proposed approach, consumers would again get their day in court to hold companies accountable for potential wrongdoing. We think that’s quite important.” The rule would also require companies to publicly post which claims have been brought to arbitration and the awards issued.