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Class Action

December 02, 2008

Judge Rules in Hepatitis C Class Action Lawsuit

A Nevada Clark County judge has ruled that former patients of the Endoscopy Center of Southern Nevada and the Desert Shadow Endoscopy Center who were not infected by Hepatitis C will not be able to go ahead with the class-action lawsuit filed against the centers. District Judge Allan Earl’s ruling upsets those who wanted to be a part of the suit because they endured weeks of anxiety waiting for test results. Both outpatient centers were using syringes and vials multiple times over the course of about four years. The centers may have infected more than 100 people. The ruling does not limit the uninfected former patients to file their own lawsuit against the endoscopy centers.

Posted by Seth A. Katz at 08:00 AM | | Comments (0) | TrackBacks (0)

 

 

September 30, 2008

Employer of Train Engineer Faces Litigation

Two previous lawsuits that have been filed against the company that employed the engineer in the deadly Metrolink crash near Los Angeles have been combined into one class-action lawsuit. Veolia Transportation is to be sued over labor policies for allegedly not giving employees proper rest breaks, overtime and other benefits. Since the September 12th deadly crash Veolia has been under scrutiny. Federal investigators are reviewing whether fatigue played a role in the collision. The diabetic engineer blamed for the collision was in the midst of a 10.5 hour split shift. Of 222 train passengers, 25 people were killed and 21 remain hospitalized. The Los Angeles Times researchers reported that the crash sent 86 people to hospitals in the San Fernando Valley, Westwood, Hollywood and Ventura County.

Posted by Kerry N. Jardine at 08:11 PM | | Comments (0) | TrackBacks (0)

 

 

October 10, 2007

Class action against Canadian Pacific Railway gets final approval

A federal judge in North Dakota has given final approval to a $7 million settlement in a class-action lawsuit brought against Canadian Pacific Railway. The suit arose from a January 2002 derailment and chemical spill in that state, near Minot, that sent a deadly cloud over the area. The plaintiffs' attorney, Gordon Rudd, says checks could be in the mail by mid-November. The settlement, approved by U.S. District Judge Dan Hovland, does not affect people who have filed individual lawsuits against the railway. Canadian Pacific Railway attorney, Tim Thornton, said settling the class-action lawsuit "seemed like the appropriate thing to do'' and that the railway is "glad to have it resolved.''

Posted by Kerry N. Jardine at 04:11 PM | | Comments (0) | TrackBacks (0)

 

 

September 29, 2007

Taco John’s suing food supplier for contaminated lettuce

Less than a year after contaminated lettuce was blamed for making dozens of customers sick, Taco John's corporations in South Dakota and surrounding states are suing food suppliers for negligence. The class-action lawsuit, filed in federal court in Sioux Falls, seeks a jury trial and $5 million. The plaintiffs named are Taco John's corporations in Iowa, Minnesota, and North and South Dakota. Defendants are Bix Produce Company and Roma Food Enterprises. The cover sheet on the filing describes the cause of the action as "negligence in the handling of food." The U.S. District Judge agreed to seal the complaint, so little else about the initial filing is publicly available. It is unclear if the lawsuit is connected to last year's E. coli contamination, but The Associated Press reported in December that Taco John's International dropped Bix Produce as a supplier in the wake of that outbreak.

Posted by Kerry N. Jardine at 06:28 AM | | Comments (0) | TrackBacks (0)

 

 

April 25, 2007

California Susceptible to Class Action Lawsuits

According to an annual national ranking of state civil justice systems, California's class action law ranks 46th in the nation in fairness and reasonableness. The rankings were released by the U.S. Chamber of Commerce's Institute for Legal Reform. John H. Sullivan, president of the Civil Justice Association of California says, "Simply put, California has the fifth-worst class action law in the country and it's time for the Legislature to install balance and clarity and make this part of the civil justice system work for all Californians. Until the Legislature does, consumers will continue to pay for these lawsuits through higher prices of everyday goods and services." CJAC claims other states and Congress have passed reforms to improve their class action laws, yet California statutes have remained largely unchanged, giving neither judges nor lawyers clear guidelines for handing these cases. California is increasingly seen as a safe haven for opportunistic class action lawsuits, the group said.

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Posted by Kerry N. Jardine at 09:45 PM | | Comments (0) | TrackBacks (0)

 

 

Labrador hospital to settle over use of unclean instruments

A class action lawsuit involving hundreds of Labrador City women who were exposed to tainted gynecological instruments appears to be resolved. The suit involved 327 women and was launched after they were told they would need to be tested for diseases such as HIV and hepatitis A and C. Lawyer Ches Crosbie says it's not certain that participants in the class action suit would have received more compensation. The women were informed in 2003 that they may have been exposed to infectious diseases while they underwent tests at the gynecological clinic at Capt. William Jackman Memorial Hospital in Labrador City. Brenda Rideout, a Labrador City resident who joined the action, said it's important for women to not be complacent about the care they receive. "We should make sure this kind of thing shouldn't happen," she said. "Just going and getting a simple test done isn't something where you should be putting yourself at risk for losing your life."

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Posted by Kerry N. Jardine at 09:42 PM | | Comments (0) | TrackBacks (0)

 

 

March 02, 2007

Class action suit filed against peanut butter maker

The massive peanut butter recall brought hundreds of phone calls to a Fort Myers law firm. Now, a class action complaint has been filed with one of the firm's offices in Hendry County. However, it will represent people across the state. Hundreds of kids and adults are part of a statewide class action suit. Scott Weinstein, with the law firm of Morgan and Morgan, filed the complaint against peanut butter company ConAgra. "There are hundreds of individual files," said Weinstein. "If people can show they had medical expenses like going to the hospital or doctor because they had salmonella and a stomach problem, or prescriptions they needed to get, they need to be reimbursed."

Continue reading "Class action suit filed against peanut butter maker" »

Posted by Kerry N. Jardine at 08:57 PM | | Comments (0) | TrackBacks (0)

 

 

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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, and Phoenix, AZ. The Firm is responsible for the content on the website, this information is not to be interpreted as providing legal services, nor as proposing any form of legal advice.

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