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Toxic Substances
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Law.com
Law.com

The day's top legal stories accompanied with summaries.

Rakoff Still Has Questions About SEC Pact With BofA
New York federal Judge Jed S. Rakoff grilled attorneys for the SEC on Monday about a proposed $150 million settlement that would bring an end to two actions against the Bank of America Corp. stemming from its $50 billion takeover of Merrill Lynch in 2008. The actions accuse the bank of failing to disclose to shareholders that it had authorized Merrill to pay up to $5.8 billion in bonuses in 2008 and of keeping shareholders in the dark about "extraordinary" losses Merrill sustained two months before the merger.
Lawyers for Jackson's Doctor Accustomed to High-Profile Cases
A formidable team of lawyers has lined up to defend Dr. Conrad Murray, who was charged Monday with involuntary manslaughter in the death of Michael Jackson. Murray's lead lawyer is Ed Chernoff, a partner at criminal defense firm Stradley Chernoff, who is handling the case with firm partners Matthew Alford and William Stradley. Also on the defense team: California lawyers Michael Flanagan and Joseph Low. Murray faces up to four years in prison if convicted.
Smoker's $300 Million Award to Be Overturned
The largest individual award to a former Florida smoker against the tobacco industry will not stand, a Broward Circuit judge ruled Friday. Calling the $300 million jury verdict "shocking," Judge Jeffrey Streitfeld said he would determine a lower award later against Philip Morris USA. The jury's decision to award $56.5 million in compensatory damages and $244 million in punitive damages stemmed from anger, said Streitfeld, who faulted tobacco company attorneys for putting on a "blame the smoker" defense.
Electronic Privacy and the Supreme Court
Electronic privacy in the workplace is a tangled subject, with only a few sure footholds for employers. Attorneys are hoping a Supreme Court ruling will provide unifying guidance on employer monitoring of employee text messages in a case currently under consideration by the justices.
Former Glock Lawyer Faces Charges of Theft, Racketeering
The three-decade legal career of a former federal prosecutor, Marine Corps Reserve investigator and one-time candidate for Georgia attorney general has turned into a nightmare. James R. Harper III stands accused of racketeering and theft from his former client, international gun maker Glock Inc. A grand jury has charged Harper and two others with conspiring to take $3 million of the company's money while they worked on an investigation of other executives accused of stealing from Glock.
Association of Corporate Counsel Relents on Law Firms' Access to Client Reviews
After the Association of Corporate Counsel launched a rating system that included members-only access to performance evaluations of law firms, some critics cried foul. Now, law firms that have been critiqued by in-house counsel can also see their ratings online. Since the ACC began its "value index" in October, in-house lawyers from dozens of countries have submitted more than 1,800 evaluations of some 600 law firms.
High-Stakes Mortgage Fraud Trial Gets Under Way in San Francisco
At the heart of a mortgage fraud trial that opened Monday in San Francisco are millions of dollars in loans that never should have been made, the lawyer for a family estate told the jury in opening statements. U.S. Bank sued on behalf of a mortgage pool to try to recover $1 million from the estate following its sale of a property. The estate, in turn, has countersued the mortgage pool and others, claiming it shouldn't have to pay because the loan was allegedly given under fraudulent circumstances of which it was unaware.
Calif. Appeals Court Dings Judge Over Contempt Case
A California appeals court came down on a Superior Court judge in a strongly worded opinion, criticizing the way the trial court handled the contempt case of an elderly, cash-strapped attorney who failed to pay $10,000 in discovery sanctions and was ordered to serve five days in jail on three occasions. The appeals court wrote that judges need to know the due process rights associated with different types of contempt, and that the court's actions "did not measure up to that law, not by a long shot."
King & Spalding Lands 3 Litigation Partners From Orrick
Three litigation partners have signed on to join King & Spalding's Washington, D.C., and New York offices. The team, which is joining the firm from Orrick, Herrington & Sutcliffe, includes Diana Weiss, James Capra Jr. and James Cusick. Weiss will be based in Washington, and Capra and Cusick will work from King & Spalding's New York office. Weiss said the opportunity to work alongside former Solicitor General Paul Clement, who leads King & Spalding's appellate practice, was a plus for the group.
Winston & Strawn Continues Expansion of N.Y. Office
Winston & Strawn has expanded its restructuring practice by hiring a three-lawyer team from Dewey & LeBoeuf: partners Lawrence A. Larose, who acted as lead counsel for MBIA Insurance in its restructuring effort last year, and Samuel S. Kohn, who was counsel at Dewey. Associate Sarah Trum also made the move. In addition, Winston has hired a former M&A partner at Willkie Farr & Gallagher as senior counsel. The hires come as Winston & Strawn looks to grow its New York office to 300 attorneys from nearly 200.

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OUTRAGEOUS RIAA - the nature of the RIAA threat to US 5th and 8th amendment due process rights


Peanut Butter Salmonella danger escalates



Created on 06/28/2006 12:31 AM by leflaw
Updated on 02/19/2009 08:33 AM by leflaw
 Printable Version

Announcements

Use of Dietary Supplements Pose Health, Financial Risks

Posted by: leflaw on 06/12/2009 09:50 AM (Read: 832)
The sale of some dietary supplements is often a financial scam, rather than a healthy choice. The Atlanta Journal-Constitution points out that some weight loss supplements such as, hoodia, acai, and colon cleanser capsules might not work, could be dangerous, and are hitting consumers hard in the wallet with expensive monthly charges.
Read More

WRITE TO WHITEHOUSE.GOV about RIAA COPYRIGHT CONFLICTS OF INTEREST!

Posted by: leflaw on 02/19/2009 08:26 AM (Read: 1178)
The Dept. of Justice is threatening to weigh in on one of the numerous cases relating to the Constitutionality of statutory damages in copyright law. In case anyone hasn’t heard this, the Obama Administration has larded the DOJ with numerous copyright litigators and lobbyists. Leflaw represents the defendant in this case.
Read More | 0 Comments

Peanut Company Closes Second Plant

Posted by: leflaw on 02/11/2009 07:52 AM (Read: 1228)
Peanut Company Closes Second Plant . Peanut Co. President and Victims' Families Invited to Testify Wednesday Before Congress.

As people with personal connections to the salmonella outbreak prepared to testify Wednesday morning on Capitol Hill, a flurry of activity continued in one of the largest food recalls in U.S. history.

New developments unfolded this week in a chain of events that has resulted in the removal of 1,845 peanut products from store shelves, following more than 600 illnesses and an estimated eight deaths linked to bad peanuts.

The FBI raided the Peanut Corporation of America's Blakely, Ga., facility Monday as part of an ongoing criminal investigation into the peanut recall. The company's subsidiary in Plainview, Texas, today announced it, too, would temporarily close its doors after lab tests detected the possible presence of salmonella.

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2007 Peanut butter case a "wake up call"

Posted by: leflaw on 02/08/2009 07:59 AM (Read: 1208)

Federal food regulators describe a massive salmonella outbreak traced to a Georgia peanut butter plant in 2007 as “a wake-up call.” But that realization did not lead officials to scrutinize at least one other peanut processor: the Peanut Corporation of America in Blakely.

They didn’t even know the plant made peanut butter. Uncertain? See our guide to which peanut products are safe and which should be thrown out. A16

> Recalled products remain on some shelves, but merchants say that’s not necessarily their fault. A17

> Georgia agriculture was already facing a difficult year. Then along came the peanut crisis. D1

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List of FDA recalled Peanut products...

Posted by: leflaw on 02/06/2009 11:33 AM (Read: 1285)
FDA PEANUT RECALL INFO

Also: Downloadable pdf and excel files of recalled peanut roducts:

PDF DOWNLOAD

XLS DOWNLOAD
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Senators rebuke federal regulators in peanut-borne salmonella outbreak

Posted by: leflaw on 02/06/2009 06:58 AM (Read: 1205)
latimes.com
http://www.latimes.com/features/health/la-na-peanut-fda6-2009feb06,0,6599717.story
From the Los Angeles Times
Senators rebuke federal regulators in peanut-borne salmonella outbreak
Agriculture committee members fault a lack of coordination and authority, saying a Georgia peanut facility was not adequately overseen. Some people call for an agency to regulate only food.
By Ben Meyerson

February 6, 2009

Reporting from Washington — Members of a Senate panel rebuked federal health and food safety regulators Thursday for slow intervention in the nation's peanut-borne salmonella outbreak, demanding that officials find ways to cooperate when responsibility is split among different agencies.

"All of this happened because of a failure -- the failure of our government to prevent unsafe food from entering the food chain," Sen. Amy Klobuchar (D-Minn.) told officials from the Food and Drug Administration and the Centers for Disease Control and Prevention at an agriculture committee hearing.

Sen. Patrick J. Leahy (D-Vt.), lamenting the lack of food safety enforcement authority, said he wanted to see steeper penalties than fines.

"I'd like to see some people go to jail," Leahy said. "You give them a fine, well, it's just the cost of doing business. But if somebody thinks they're going to go to jail . . . that's an entirely different thing."

Federal officials are investigating a Georgia plant operated by Peanut Corp. of America in connection with an outbreak of salmonella poisoning that has sickened nearly 600 people in more than 40 states. Eight may have died because of it.

Senators focused on the absence of strict regulation of the plant in Blakely, Ga., which had not undergone an FDA inspection since 2001. The FDA contracted its operations to Georgia in 2006. State inspectors repeatedly found sanitation problems at the plant from 2006 to 2008, including grease and food buildup and gaps in doors that could allow rodents to enter, according to news reports.

The FDA, by invoking federal anti-terrorism laws, later obtained internal company test records that Georgia inspectors could not -- including lab tests that found salmonella on 12 occasions in the last two years.

"We simply have an outdated system. Whatever worked 50 to 100 years ago certainly isn't working the way it used to," said Senate Agriculture Committee Chairman Tom Harkin (D-Iowa).

The answer, Harkin said, is more cooperation among the agencies responsible for regulating food safety and more authority for regulators.

"We saw the impact of deregulation on our financial sector, and now we are seeing the impact of weak oversight on food safety inspections," Harkin said after the hearing. "Food safety in America has too often become a hit-or-miss gamble, and that is truly frightening."

Harkin proposed a uniform database allowing physicians across the country to enter information. He also suggested the possibility of a new federal agency dedicated solely to food.

Marion Nestle, a nutrition, food studies and public health professor at New York University, said in an interview that forming a single agency was essential. "Food safety agencies have proven over and over again that they cannot work together," Nestle said. "How much worse does it have to get?"

bmeyerson@tribune.com
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FDA Reaches Settlement with California Hearing Device Maker

Posted by: leflaw on 07/24/2008 12:47 PM (Read: 2121)


If you have had a negative experience with a cochlear implant, visit noticenetwork.com

The U.S. Food and Drug Administration (FDA) has reached a settlement with California hearing device manufacturer Advanced Bionics LLC and its president and CEO Jeffrey Greiner over alleged violations of federal law.
Read More

Are Real Estate Title Companies ripping off consumers with false filing fees?

Posted by: leflaw on 06/03/2008 02:58 AM (Read: 2562)
Apparently, some title companies are. Here is a case that we just came across where a New Jersey Title company was pocketing filing fees, and not filing anything. This is a violation of many states consumers laws. CLICK HERE FOR PDF file of complaint
Read More | 0 Comments

F.D.A. Recalls Of All "Hydroxycut" Weight Loss Products

Posted by: leflaw on 07/06/2009 04:03 PM (Read: 697)
Read More

Leflaw Speaks at the Bandwidth Conference

Posted by: leflaw on 07/25/2008 03:40 AM (Read: 4561)
Read More

Past 25 Announcements
  1. Are Real Estate Title Companies ripping off consumers with false filing fees?
  2. The Legend of Richard Scruggs: More Myth Than Fact?
  3. Supreme Court Guts state product liability law
  4. Leflaw files Supreme Court petition for certiorari on copyright statutory damages and Fair use involvoing the karoake industry
  5. VIOXX SETTLEMENT MAY COST 5 BILLION
  6. Merck Approves Vioxx Settlement
  7. Criteria for Avandia
  8. Apple faces potential environmental lawsuit
  9. Amid Recent Toy Recalls for Lead Hazards Parents Need to Reorganize Children's Toy Collections
  10. Updated IPods Confirm Apple's Monopoly
  11. Most read stories from ABA Journal
  12. Heart surgeons should use caution with drug-coated stents
  13. New Sony Root Kit scandal?
  14. Inside the Countrywide Lending Spree
  15. BA pair quit amid surcharge probe
  16. Price Fixing Investigation
  17. British Airways scheduled to plead guilty to price fixing
  18. Mortgage Meltdown
  19. CARD SERVICES - A RIPOFF ? More and more reports...
  20. J & J to cut 4000 jobs
  21. Vioxx trials to focus on strokes
  22. Guidant Settlement FAQ
  23. Manufacturer of Guidant to Settle Lawsuits
  24. Judge Rejects Merck's View on FDA preemption in Vioxx case
  25. Printers give false out of ink messages.

Law.com
National Law Journal

Updated daily

Judge blasts plaintiffs firm over asbestos suit
A Los Angeles judge has blasted one of the nation's leading plaintiffs firms in asbestos litigation for trying to get the upper hand in a case through what he called a "type of judicially sanctioned extortion." The judge concluded that Waters & Kraus had re-filed in California a case that was first filed in Texas as a way to force a settlement. Calling such tactics a "waste of the court's time," the judge said Waters & Kraus has played the same "grisly game of asbestos litigation" in at least nine cases.
Mass. high court allows employer to modify employee's job to avoid disability payments
Employees in Massachusetts who injure themselves at work may not be entitled to disability retirement benefits if their employer accommodates them with a lighter job. A recent Massachusetts Supreme Judicial Court ruling held that employers can change an injured worker's duties to keep him on the job and prevent him from going into retirement and collecting disability.
Study projects 5% growth in corporate legal spending for next six months
A new study projects growth of roughly 5% in corporate legal spending over the next six months, but corporate lawyers say that fixed legal budgets preclude most increases and that any higher legal spending that is tied to the economic crisis is temporary and unsustainable.
'U.S. News' looks into Brooklyn Law's survey response
U.S. News & World Report said that it is "investigating" Brooklyn Law School's responses to the magazine's annual law school ranking survey, specifically with respect to part-time students. The magazine said some rival law schools noted that Brooklyn Law wasn't listed in the part-time ranking and questioned whether the school also excluded part-time students in its responses for the overall ranking in an effort to boost its ranking.
Lewis & Roca enters California
Lewis and Roca has opened its first California office in Silicon Valley's Mountain View with the addition of three intellectual property attorneys from White & Case: Frank Hiscox and Dana Brody-Brown, who now are partners at Lewis and Roca, and Alexa Horne, who has joined of counsel.
Judge: CAN-SPAM preempts Calif. spam law
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial emails. The May 4 ruling, which throws out a case claiming $45 million in damages, is the first to address the pre-emption issue in California's state courts and could stymie future suits filed under the statute.
DOJ cracks down on discrimination against returning injured soldiers
The U.S. Department of Justice is cracking down on employers that discriminate against returning injured soldiers, who are having a hard time getting their old jobs back, either being demoted, or denied work altogether. DOJ is suing employers nationwide — almost on a weekly basis — for failing to promptly re-employ returning service men and women, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Two plaintiffs' firms team up to file class actions over Chinese-made drywall
Plantiffs' law firms Baron & Budd of Dallas and Miami-based Alters, Boldt, Brown, Rash & Culmo are teaming up to work on the groundswell of class actions being filed against homebuilders using Chinese-made drywall.
Medical malpractice filings in Massachusetts down again in 2008
Massachusetts medical malpractice lawsuit filings continued their downward trajectory last year, with cases falling below the 500 mark for the first time this decade, according to Massachusetts state court data.
ASSOCIATE MOVERS
New associates, associate promotions and new partners at Minneapolis' Bowman and Brooke and other law firms.
LEGAL RECRUITERS: Layoffs Create Deep Pool of In-House Candidates
A surprising thing is happening among companies spurred by the financial crisis to take a sharp pencil to operating budgets and scrutinize spending. As business contracts and companies trim outside legal costs, seek fee reductions and alternative billing arrangements, and pare rosters of outside firms altogether, epic layoffs within large law firms have been the obvious result.
LEGAL RECRUITERS: Law Firms Seek Contract Attorneys in Downturn
For some contract lawyers, work is synonymous with being a galley slave, performing grunt jobs in stuffy basements or offices far removed from meaningful contact with other legal professionals.
LEGAL RECRUITERS: Partner Placements: Beyond Bankruptcy
From firm leaders to potential laterals, everyone involved with the movement of lateral partners wants to know how the market is, whether things are different now than in other downturns and whether firms are really making commitments in these uncertain times. The answer is both simple and complicated.
LEGAL RECRUITERS: Sea Shift in the Business of Law
Enterprising lawyers who form new businesses that are irresistibly attractive to both clients and talent alike likely will drive a fundamental change in the way the business of law is conducted. Economic distress and frustrated clientele are merely catalysts of that change.
OPINION: Why Study the Classics
A recent article in The New York Times suggested that enrollment in college humanities courses is declining and that the humanities, to retain their following, must "justify their worth." The study of literature gives a lawyer, particularly a trial lawyer, many of the skills he or she needs to assess evidence and persuade a trier of fact.
THE PRACTICE: A Blow to the Condo Market
Fannie Mae, the government-backed mortgage-finance company, recently stopped guaranteeing mortgages in condo buildings where fewer than 70% of the units have been sold, up from 51%. Lenders, which want to repackage loans to secondary buyers, have taken note of the new guidelines, and many banks are now refusing to make loans that Fannie Mae won't guarantee. This has resulted in essentially all new condominium projects being doomed.
THE PRACTICE: Questioning Forensic Evidence
The National Research Council of the National Academies of Science released in February a long-awaited report, Strengthening Forensic Science in the United States: A Path Forward. The findings could play a major rule in shaping the future treatment of expert evidence.
MOVERS
Michael Elkin has been named managing partner of Winston & Strawn's New York office and elected to the firm's executive committee. Plus more law firm movers in this week's column.
After Souter
The sudden, if unsurprising, announcement that Supreme Court Justice David H. Souter will retire instantly ratcheted up the scrutiny and political pressure on President Barack Obama and on the growing list of potential replacements — some of whom are already drawing fire.
Kagan: Just call her 'The General'
In her first interview since taking office March 20 as the government's top lawyer before the Supreme Court, U.S. Solicitor General Elena Kagan spoke with The National Law Journal's Tony Mauro about her new job.
Legal Issues Swell If Swine Flu Spreads
Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles. But escalation to the pandemic stage, say health law experts, could draw officials into truly novel legal situations, such as who can order isolation or quarantine to contain the disease.
LABOR & EMPLOYMENT: A 'partner' may not be a partner
Whether partners or shareholders in professional firms are employees or employers for purposes of the anti-discrimination laws remains an open issue. During the present financial crisis, when law firm "right-sizing" has led to numerous partner departures, the issue has taken on increasing practical importance.
COMPLEX LITIGATION: Managing parallel proceedings
With increasing frequency, a single operational or financial issue can balloon into multifront litigation. In such circumstances, regulatory, civil and, in some cases, criminal, proceedings may commence and unfold in parallel. There can be no single blueprint for navigating such "parallel proceedings," but there are some issues that are common to nearly all of them.
INTERNATIONAL LAW: The brave new world of disputes
Changes to the global landscape during the next two decades are expected to drive a new generation of disputes. Climate change and unprecedented pressure on world resources — including carbon-based energy sources, minerals, food and water — will be among the key structural drivers. At the same time, the global financial crisis and the rise of state capitalism seem set to provide the catalyst for further financial and economic conflicts. This new generation of disputes will call for a sophisticated range of dispute resolution mechanisms and may challenge existing structures.

Category: Uncategorized

More Feeds


Law.com
National Law Journal

Updated daily

Judge blasts plaintiffs firm over asbestos suit
A Los Angeles judge has blasted one of the nation's leading plaintiffs firms in asbestos litigation for trying to get the upper hand in a case through what he called a "type of judicially sanctioned extortion." The judge concluded that Waters & Kraus had re-filed in California a case that was first filed in Texas as a way to force a settlement. Calling such tactics a "waste of the court's time," the judge said Waters & Kraus has played the same "grisly game of asbestos litigation" in at least nine cases.
Mass. high court allows employer to modify employee's job to avoid disability payments
Employees in Massachusetts who injure themselves at work may not be entitled to disability retirement benefits if their employer accommodates them with a lighter job. A recent Massachusetts Supreme Judicial Court ruling held that employers can change an injured worker's duties to keep him on the job and prevent him from going into retirement and collecting disability.
Study projects 5% growth in corporate legal spending for next six months
A new study projects growth of roughly 5% in corporate legal spending over the next six months, but corporate lawyers say that fixed legal budgets preclude most increases and that any higher legal spending that is tied to the economic crisis is temporary and unsustainable.
'U.S. News' looks into Brooklyn Law's survey response
U.S. News & World Report said that it is "investigating" Brooklyn Law School's responses to the magazine's annual law school ranking survey, specifically with respect to part-time students. The magazine said some rival law schools noted that Brooklyn Law wasn't listed in the part-time ranking and questioned whether the school also excluded part-time students in its responses for the overall ranking in an effort to boost its ranking.
Lewis & Roca enters California
Lewis and Roca has opened its first California office in Silicon Valley's Mountain View with the addition of three intellectual property attorneys from White & Case: Frank Hiscox and Dana Brody-Brown, who now are partners at Lewis and Roca, and Alexa Horne, who has joined of counsel.
Judge: CAN-SPAM preempts Calif. spam law
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial emails. The May 4 ruling, which throws out a case claiming $45 million in damages, is the first to address the pre-emption issue in California's state courts and could stymie future suits filed under the statute.
DOJ cracks down on discrimination against returning injured soldiers
The U.S. Department of Justice is cracking down on employers that discriminate against returning injured soldiers, who are having a hard time getting their old jobs back, either being demoted, or denied work altogether. DOJ is suing employers nationwide — almost on a weekly basis — for failing to promptly re-employ returning service men and women, in violation of the Uniformed Services Employment and Reemployment Rights Act.
Two plaintiffs' firms team up to file class actions over Chinese-made drywall
Plantiffs' law firms Baron & Budd of Dallas and Miami-based Alters, Boldt, Brown, Rash & Culmo are teaming up to work on the groundswell of class actions being filed against homebuilders using Chinese-made drywall.
Medical malpractice filings in Massachusetts down again in 2008
Massachusetts medical malpractice lawsuit filings continued their downward trajectory last year, with cases falling below the 500 mark for the first time this decade, according to Massachusetts state court data.
ASSOCIATE MOVERS
New associates, associate promotions and new partners at Minneapolis' Bowman and Brooke and other law firms.
LEGAL RECRUITERS: Layoffs Create Deep Pool of In-House Candidates
A surprising thing is happening among companies spurred by the financial crisis to take a sharp pencil to operating budgets and scrutinize spending. As business contracts and companies trim outside legal costs, seek fee reductions and alternative billing arrangements, and pare rosters of outside firms altogether, epic layoffs within large law firms have been the obvious result.
LEGAL RECRUITERS: Law Firms Seek Contract Attorneys in Downturn
For some contract lawyers, work is synonymous with being a galley slave, performing grunt jobs in stuffy basements or offices far removed from meaningful contact with other legal professionals.
LEGAL RECRUITERS: Partner Placements: Beyond Bankruptcy
From firm leaders to potential laterals, everyone involved with the movement of lateral partners wants to know how the market is, whether things are different now than in other downturns and whether firms are really making commitments in these uncertain times. The answer is both simple and complicated.
LEGAL RECRUITERS: Sea Shift in the Business of Law
Enterprising lawyers who form new businesses that are irresistibly attractive to both clients and talent alike likely will drive a fundamental change in the way the business of law is conducted. Economic distress and frustrated clientele are merely catalysts of that change.
OPINION: Why Study the Classics
A recent article in The New York Times suggested that enrollment in college humanities courses is declining and that the humanities, to retain their following, must "justify their worth." The study of literature gives a lawyer, particularly a trial lawyer, many of the skills he or she needs to assess evidence and persuade a trier of fact.
THE PRACTICE: A Blow to the Condo Market
Fannie Mae, the government-backed mortgage-finance company, recently stopped guaranteeing mortgages in condo buildings where fewer than 70% of the units have been sold, up from 51%. Lenders, which want to repackage loans to secondary buyers, have taken note of the new guidelines, and many banks are now refusing to make loans that Fannie Mae won't guarantee. This has resulted in essentially all new condominium projects being doomed.
THE PRACTICE: Questioning Forensic Evidence
The National Research Council of the National Academies of Science released in February a long-awaited report, Strengthening Forensic Science in the United States: A Path Forward. The findings could play a major rule in shaping the future treatment of expert evidence.
MOVERS
Michael Elkin has been named managing partner of Winston & Strawn's New York office and elected to the firm's executive committee. Plus more law firm movers in this week's column.
After Souter
The sudden, if unsurprising, announcement that Supreme Court Justice David H. Souter will retire instantly ratcheted up the scrutiny and political pressure on President Barack Obama and on the growing list of potential replacements — some of whom are already drawing fire.
Kagan: Just call her 'The General'
In her first interview since taking office March 20 as the government's top lawyer before the Supreme Court, U.S. Solicitor General Elena Kagan spoke with The National Law Journal's Tony Mauro about her new job.
Legal Issues Swell If Swine Flu Spreads
Although the flu strain isn't an official pandemic yet, state and local officials are already flexing legal muscles. But escalation to the pandemic stage, say health law experts, could draw officials into truly novel legal situations, such as who can order isolation or quarantine to contain the disease.
LABOR & EMPLOYMENT: A 'partner' may not be a partner
Whether partners or shareholders in professional firms are employees or employers for purposes of the anti-discrimination laws remains an open issue. During the present financial crisis, when law firm "right-sizing" has led to numerous partner departures, the issue has taken on increasing practical importance.
COMPLEX LITIGATION: Managing parallel proceedings
With increasing frequency, a single operational or financial issue can balloon into multifront litigation. In such circumstances, regulatory, civil and, in some cases, criminal, proceedings may commence and unfold in parallel. There can be no single blueprint for navigating such "parallel proceedings," but there are some issues that are common to nearly all of them.
INTERNATIONAL LAW: The brave new world of disputes
Changes to the global landscape during the next two decades are expected to drive a new generation of disputes. Climate change and unprecedented pressure on world resources — including carbon-based energy sources, minerals, food and water — will be among the key structural drivers. At the same time, the global financial crisis and the rise of state capitalism seem set to provide the catalyst for further financial and economic conflicts. This new generation of disputes will call for a sophisticated range of dispute resolution mechanisms and may challenge existing structures.

Category: Uncategorized

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FDA Recall News

Recall Information from FDA

Cousins Products, Llc, Issues An Allergy Alert On Undeclared Egg, Soy, And Wheat In Spinach Vinaigrette
Cousins Products, LLC, of Covington, LA is voluntarily recalling the following Spinach Vinaigrette in 16 oz. jars
Haifa Smoked Fish Inc. Issues An Allert On Uneviscerated Whole Schmaltz Herring
Haifa Smoked Fish, located in Queens, New York, is recalling Haifa brand vacuum packaged Whole Schmaltz Herring with the lot number 20, because the product was found to be uneviscerated.
Pierino Frozen Foods Inc. Issues an Allergy Alert on Undeclared Eggs in Its Jumbo Shells with Cheese
Pierino Frozen Foods Inc. of Lincoln Park, Michigan is recalling its 24 oz. packages of Pierino Frozen Foods’ “Jumbo Shells with Cheese” because they contain undeclared eggs. People who have an allergy or severe sensitivity to eggs run the risk of serious or life-threatening allergic reaction if they consume these products.
Global Commodities Inc. Issues Allergy Alert On Undeclared Sulfites In Aahu Barah Brand Dry Apricot
Global Commodities Inc. of Hicksville, NY is recalling its 0.50 lbs. packages of Aahu Barah brand Dry Apricot food treats because they contain undeclared Sulfites. People who have allergies to Sulfites run the risk of serious or life-threatening allergic reaction if they consume this product.
Hettich Centrifuges with 2050 and 2076 Plastic Rotors: Recall
Plastic centrifuge rotor may crack, break apart and be forcefully ejected.
Infusion Set Needles [Manufactured by Nipro for Exelint]: Recall
Class I recall due to "coring" or dislodging of silicone cores or slivers from the ports into which they are inserted.
FDA Announces Class I Recall of Certain Infusion Set Needles
The U.S. Food and Drug Administration today announced a Class I recall of Exel/Exelint Huber needles, Exel/Exelint Huber Infusion Sets and Exel/Exelint “Securetouch+” Safety Huber Infusion Sets, manufactured by Nipro Medical Corporation for Exelint International Corporation.
Hettich Centrifuges Issues a North America and Canada Recall of Plastic Hematocrit Rotors
Hettich Centrifuges, Beverly, MA, is initiating a North America and Canada recall of 2050 and 2076 plastic hematocrit rotors that are used in combination with the Mikro 12- 24, Mikro 20, Haematokrit 20 and Haematokrit 24 bench top plastic centrifuges. These plastic rotors have the potential to break apart resulting in pieces of the rotor to be forcefully ejected through the plastic centrifuge housing.
Nipro Medical Corporation Issues a Voluntary Recall of All GlucoPro Insulin Syringes
Nipro Medical Corporation, Miami FL, is initiating a nationwide recall of all GlucoPro Insulin Syringes (This does not include the GlucoPro syringe specific for use with the Amigo Insulin pump). These syringes may have needles that detach from the syringe.
The Wisconsin Cheeseman® Recalls Cheese Logs/Cheese Balls
The Wisconsin Cheeseman® announced today that it is recalling cheese log/cheese ball products in conjunction with the voluntary recall initiated by Parkers Farm, Inc. on January 15, 2010. Parkers Farm, Inc., located in Coon Rapids, Minnesota, believes some of its food items have the potential to be contaminated with Listeria monocytogenes bacteria
Hines Nut Company Announces Recall of Pine Nuts Because of Possible Health Risk
Hines Nut Company has initiated a recall of 270 packages of Pine Nuts, packaged under the brand name Harris Teeter Farmers Market. The Pine Nuts were purchased from Red River Foods in Camarillo, CA, and have the potential to be contaminated with Salmonella.
MuscleMaster.com Conducts a Voluntary Nationwide Recall of Certain Body Building Products
MuscleMaster.com, Inc. (“MuscleMaster.com”) announced today that it is conducting a voluntary nationwide recall of all lots and expiration dates of the seventeen below listed dietary supplements sold between June 1, 2009 and November 17, 2009 (hereinafter "Recalled Products"). FDA informed MuscleMaster.com that it believes that the Recalled Products contain ingredients that are steroids. Specifically, FDA advised MuscleMaster.com of its concern that the Recalled Products may contain the following ingredients that are currently classified, or the FDA believes should be classified, as steroids: "Superdrol," "Madol," "Tren," "Androstenedione," and/or "Turinabol."
Parkers Farm, Inc. Expands Recall to Include All of Its Products, Regardless of Code Dates, Because of Possible Health Risk
PARKERS FARM, INC. OF COON RAPIDS, MINNESOTA TODAY EXPANDED THE PREVIOUSLY ANNOUNCED RECALL OF PRODUCTS TO INCLUDE ALL DATE CODES BECAUSE THEY HAVE THE POTENTIAL TO BE CONTAMINATED WITH LISTERIA MONOCYTOGENES, AN ORGANISM WHICH CAN CAUSE SERIOUS AND SOMETIMES FATAL INFECTION IN YOUNG CHILDREN, FRAIL OR ELDERLY PEOPLE, AND OTHERS WITH WEAKENED IMMUNE SYSTEMS. ALTHOUGH HEALTHY INDIVIDUALS MAY SUFFER ONLY SHORT-TERM SYMPOTMS SUCH AS HIGH FEVER, SEVERE HEADACHE, STIFFNESS, NAUSEA, ABDOMINAL PAIN AND DIARRHEA, LISTERIA INFECTION CAN CAUSE MISCARRIAGES AND STILLBIRTHS AMONG PREGNANT WOMEN.
PEO Chapter FO Recalls Roasted Hazelnuts Because of Possible Health Risk
PEO Chapter FO of Ashland, Oregon is recalling 75 - 1 lb packages of roasted hazelnuts, because they have the potential to be contaminated with Salmonella. Salmonella is an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Healthy persons infected with Salmonella often experience fever, diarrhea (which may be bloody), nausea, vomiting and abdominal pain.
McNeil Consumer Healthcare Announces Voluntary Recall of Certain Over-The-Counter (OTC) Products in the Americas, UAE, and Fiji
In consultation with the U.S. Food and Drug Administration (FDA), McNeil Consumer Healthcare, Division of McNEIL-PPC, Inc., is voluntarily recalling certain lots of OTC products in the Americas, the United Arab Emirates (UAE), and Fiji (FULL RECALLED PRODUCT LIST BELOW). The company is initiating this recall following an investigation of consumer reports of an unusual moldy, musty, or mildew-like odor that, in a small number of cases, was associated with temporary and non-serious gastrointestinal events. These include nausea, stomach pain, vomiting, or diarrhea.
FDA Health Alert for Merrick Beef Filet Squares Dog Treats Packaged and Distributed by Merrick Pet Care
The U. S. Food and Drug Administration is warning consumers not to use Merrick Beef Filet Squares for dogs distributed by Merrick Pet Care with a package date of “Best By 111911” because the product may be contaminated with Salmonella.
HAPPYTOT Stage 4 and HAPPYBABY Stage 1 & Stage 2 Pouch Meals - Recall
Selected varieties recalled due to packaging defect that could cause possible bacterial contamination.
Nurture, Inc. Issues Voluntary Recall on select HAPPYTOT Stage 4 and HAPPYBABY Stage 1 & Stage 2 Pouch Meals Due to a Packaging Defect that could cause a Possible Bacterial Contamination
Nurture, Inc., is voluntarily recalling selected varieties and date codes of HAPPYTOT Stage 4 and HAPPYBABY Stage 1 and Stage 2 pouch meals with date codes expiring between November 2010 and January 2011. These products are being recalled due to a packaging defect that potentially could cause the pouches to swell or leak. Swollen or leaking pouches could indicate that the products may contain bacteria that could potentially cause illness.
Heluva Good Recalls Cold Pack Cheese Products Because of Possible Health Risk
HP Hood is recalling select Heluva Good branded 8 oz. plastic cup containers of Cold Pack Cheese Food because they may contain Listeria monocytogenes, an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short term symptoms such as high fever, severe headache, stiffness and nausea, abdominal pain and diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women.
Parkers Farm, Inc. Recalls Several Products Because of Possible Health Risk
PARKERS FARM, INC. OF COON RAPIDS, MINNESOTA IS RECALLING PRODUCTS BECAUSE THEY HAVE THE POTENTIAL TO BE CONTAMINATED WITH LISTERIA MONOCYTOGENES, AN ORGANISM WHICH CAN CAUSE SERIOUS AND SOMETIMES FATAL INFECTION IN YOUNG CHILDREN, FRAIL OR ELDERLY PEOPLE, AND OTHERS WITH WEAKENED IMMUNE SYSTEMS. ALTHOUGH HEALTHY INDIVIDUALS MAY SUFFER ONLY SHORT-TERM SYMPOTMS SUCH AS HIGH FEVER, SEVERE HEADACHE, STIFFNESS, NAUSEA, ABDOMINAL PAIN AND DIARRHEA, LISTERIA INFECTION CAN CAUSE MISCARRIAGES AND STILLBIRTHS AMONG PREGNANT WOMEN. NO ILLNESSES HAVE BEEN REPORTED TO DATE IN CONNECTION WITH THIS PROBLEM

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