A recent Supreme Court case involving retaliation in the workplace. The United States Supreme Court recently clarified the reach of Title VII for claims of retaliation, in Thompson v. North American Stainless (NAS). Mr. Thompson and his fiance, Mirian Regalado, both worked for NAS. Mr. Thompson claimed that he was fired by NAS after his fiance filed an filed an EEOC complaint against it. The trial court and the appeals court ruled against Mr. Thompson, because he wasn't the person who actually filed the complaint and so did not fall within the anti-retaliation provision of Title VII.

The Supreme Court reversed, holding that if the facts alleged by Mr. Thompson were true, then his firing would constitute unlawful retaliation because a reasonable worker, like his fiance, would be discouraged from complaining about discrimination she knew her loved one would bear the brunt of the employer's retaliation.

Diane V. Smith represents employers and employees in cases involving claims of wrongful discharge, wrongful termination and infringement on civil rights. Law Week Colorado named Diane as Barristers' Best Employment Lawyer in 2010.

Posted by Diane V. Smith at 10:34 AM | Permalink | Comments (0) | TrackBacks (0)

Settlements have been reached involving three different national trial bar associations. One settlement was reached between The American Trial Lawyers Association (“The Association” or “The Trial Lawyers”) and The American Association for Justice (“AAJ”), both plaintiff attorney trial bar associations. A second settlement was reached between The American Trial Lawyers Association (“The Trial Lawyers”) and The American College of Trial Lawyers (“The College”), primarily a defense trial bar association.

The three organizations had been involved in two separate federal court actions, one pending in the Federal District Court of Minnesota filed by AAJ against The Trial Lawyers, and a second suit pending in the Middle District of Alabama between The Trial Lawyers and The College. The College had sued AAJ/ATLA in the early 1970’s over the same issues, when AAJ/ATLA lost the right to use “The American Trial Lawyers Association” as its name.

Speaking on behalf of The American Trial Lawyers Association, its President Michael Burg of Burg Simpson in Denver, Colorado commented that “all parties are very pleased with the settlement. The agreement was amicable and each of the organizations worked hard to compromise.”

The official name change of The American Trial Lawyers Association will take place within thirty days of the settlement. The name will be changed to “The National Trial Lawyers” (“The Association” or “The Trial Lawyers”). They will continue to be referred to as “The Association” or “The Trial Lawyers.”

Posted by Kerry N. Jardine at 09:06 AM | Permalink | Comments (0) | TrackBacks (0)

Burg Simpson shareholder, Seth. A. Katz, has been appointed by the Hon. David A. Katz to serve as a member of the Plaintiffs’ Steering Committee in the multidistrict litigation against DePuy Orthopaedics, Inc. over the alleged failure of its ASR XL Acetabular Hip System.

Speaking of his appointment Mr. Katz said, “I am extremely honored to have been appointed to assume a leadership position in what may become one of the most high-profile litigations in recent years.” Mr. Katz continued, “The evidence certainly suggests that thousands of individuals from across the country have had their health compromised due to DePuy’s disregard for patient safety. Despite being aware of the problems and risks that the design of metal-on-metal joints carry and the mounting clinical evidence pointing to this problem, DePuy failed to provide adequate warnings of the health risks associated with their device to the public and the medical community. Our clients deserve justice and fair compensation for the pain, suffering and life-altering experience they must now live through.”

Posted by Seth A. Katz at 08:59 AM | Permalink | Comments (0) | TrackBacks (0)

Oregon Attorney General, John Kroger, has filed a lawsuit against Johnson & Johnson (J&J) and McNeil Healthcare over a defective supply of the pain reliever: Motrin. It is alleged that J&J and its subsidiary, McNeil Healthcare, were aware that there were there issues with the effectiveness of some batches Motrin pills, but the companies failed to adequatley warn consumers about the true extent of those problems.

The lawsuit claims that J&J and McNeil attempted to secretly buy up supplies of the defective Motrin before initiating a public recall and in doing so, negligently put thousands of individual’s health at risk.

A spokesperson for McNeil maintains that the company acted within the law and will seek to have the lawsuit dismissed. However, if found guilty, J&J and McNeil could be fined up to $25,000 per container of defective Motrin sold.

This latest lawsuit is the latest in a long line of legal issues currently facing J&J. The New York Times reports that in 2010, the company announced recalls of more than 200 million potentially dangerous drugs and medical devices. It remains to be seen if J&J latest attempts to avoid damaging publicity will also backfire spectacularly.

If you have been injured by a dangerous drug or defective medical device, Burg Simpson may be able to help. Contact me, or another member of our product liability team today for a free initial consultation.

Seth A. Katz

Posted by Seth A. Katz at 11:06 AM | Permalink | Comments (0) | TrackBacks (0)

Burg Simpson's "Fighters for Justice" is a series of weekly radio programs developed to help you understand the law, the legal system, your rights and how a well-chosen attorney can help you protect them.

This week, myself and my colleague Thomas Henderson will be hosting the show and are looking forward to answering your questions and helping you understand how you how you can protect your family, friends and loved ones. In particular, we will be discussing legal issues relating to personal injury, insurance policy claims, and disputes involving HOAs amongst other things.

Tune in to 630 AM at 3 p.m. Saturday, January 15. You can also listen online or via your smart phone at www.khow.com

Brian K. Matise

Got a legal question and can't wait until Saturday? Call our office now at 303.792.5595

Posted by Brian Matise at 08:54 AM | Permalink | Comments (0) | TrackBacks (0)

The U.S. Consumer Product Safety Commission (CPSC) has opened a new office in Beijing in an attempt to improve safety standards and reduce the number of recalls manufactured by Chinese exporters. The office, the first of its kind to be opened overseas, will also help educate and enforce U.S. safety standards among Chinese manufacturers. According to the bbc , more than 50% of U.S. product recalls come from China.

Given that 90% toys sold in the U.S. are manufactured in China and Hong Kong, the decision to open a dedicated field office is certainly seen by many to be good news for American consumers. How effective the office will be, only time will tell. Each year literally thousands of children suffer serious personal injuries as a result of dangerous or defective toys, many are hospitalized and tragically, in some extreme cases, some children even die. If your child has been injured and you suspect that a poorly designed or manufactured product was to blame, Burg Simpson may be able to help you. Contact me, Holly Kammerer, or another member of our product liability team today for a free initial consultation.

Posted by Holly Baer Kammerer at 08:15 AM | Permalink | Comments (0) | TrackBacks (0)

It appears that concern is growing in Britain regards the safety and effectiveness of the birth control device, Implanon. Media reports suggest that as many as 600 women may have had unwanted pregnancies, despite having the contraceptive implant fitted into their arms. Implanon is manufactured by U.S. pharmaceutical giant Merck & Co., and has been available worldwide for about 15 years.

The device comprises a small rod that is inserted under the skin in the upper arm, which slowly releases the active ingredient etonogestrel, a synthetic progestogen which prevents the ovaries from releasing eggs. If fitted properly, Implanon is designed to be effective in 99.95% of cases and can last as long as three years.

However, reports in the UK and Australia have revealed that in some women the device was implanted too deep for it to work properly. There are also reports of problems with the devices’ pre-load applicator, resulting in some women not receiving the correct dose. More than 1600 women in the UK have also reported experiencing an adverse reaction to Implanon, including pain after insertion and scarring among others.

To date, the UK NHS (National Health Service) has paid out hundreds of thousands of dollars in settlements to women injured as a result of being prescribed Implanon. Implanon remains on the market in the U.S. and has not been recalled by the FDA. Manufacturer Merck maintains that its product is safe, put does point out that no form of contraception can guarantee to be 100% safe. Some commentators estimate that as many as 480,000 women in the US have been fitted with an Implanon device since 2006.

Burg Simpson attorneys are at the forefront of litigation regarding defective birth control medications, representing women seriously injured by the contraceptive drug YAZ/Yasmin and the birth control patch Ortho-Evra.

Posted by Seth A. Katz at 09:58 AM | Permalink | Comments (0) | TrackBacks (0)

According to US Government statistics, a staggering 48 million Americans wills suffer from some form of food borne related illness each year. Of that number, more than one hundred thousand will be hospitalized and thousands will die.

In December 2010, Congress passed new laws aimed at tackling thisissue. Proponents of The FDA Food Safety Modernization Act (FSMA) have heralded the new legislation as a “significant milestone in the efforts to modernize the food safety system.” The Act contains provisions that will allow the FDA greater means of inspection over food producers, while at the same time, aims to holds the wider food industry itself more accountable for producing safe products. In addition, the FDA has been given new powers that will allow greater oversight of the millions of other food products important into the country each year - some 15 percent of the total food supply.

2010 was characterized by a number of high-profile food contamination cases, including various salmonella outbreaks in peanuts and eggs, as well outbreaks of E. coli infections linked to unsafe spinach.

How effective the new legislation will be in preventing a re-occurrence of these events in 2011 remains to be seen. However, it is important for members of the public to realize that in addition statutory safeguards, anyone injured or poisoned as a result of exposure to contaminated food has additional legal rights, and may be able to claim compensation for their loss through the civil courts.

If you, or someone you love has been injured as a result of exposure to unsafe food, Burg Simpson’s personal injury attorneys may be able to help. Contact us today for a free consultation.

Posted by Holly Baer Kammerer at 09:34 AM | Permalink | Comments (0) | TrackBacks (0)