Early in May, President Biden and his administration urged the Supreme Court not to hear an appeal regarding Roundup and its manufacturer Bayer. The case in question is Hardeman v. Monsanto Co., originally filed and argued in California. The plaintiff, Edwin Hardeman, believed that Roundup caused his non-Hodgkin’s lymphoma. After a jury trial in California in March 2019, Hardeman was awarded $80 million by jurors. That figure was trimmed to $25 million by the trial judge. A federal court of appeals upheld the $25 million award. Now Bayer has asked the Supreme Court to hear their appeal. Bayer is arguing that the $25 million Hardeman award should be overturned. The company contends that the federal government approved Roundup’s label, meaning Hardeman’s victory under California law should be … [Read More...]
Can Lawsuits Be Filed Against Uvalde Gun Maker?
On May 24, an 18-year-old gunman stormed Robb Elementary School, killing two teachers and 19 students before law enforcement killed the shooter. The gunman purchased his first gun legally on his 18th birthday, only one week before the shooting. While a nation tries to make sense of another school shooting, experts have begun to weigh in on what legal action may be available to hold those accountable for the school shooting. In the case of the Uvalde shooting, with the shooter killed, there are limited legal avenues that families can explore. Protection of Lawful Commerce in Arms Act Gun manufacturers are protected under a federal law known as the Protection of Lawful Commerce in Arms Act (PLCAA). Under PLCAA, gun dealers and manufacturers are shielded from liability for … [Read More...]
More Vehicles Recalled Due to Fire Risks
In May, Ford announced a recall of its 2021 Ford Expeditions and Lincoln Navigators built between late 2020 and early 2021. The recall is restricted to these SUVs, which were manufactured over a four-month period. It is estimated that this recall affects over 350,000 Expedition and Navigator models. These SUVs are being recalled while Ford investigates the cause of fires that originate under the hood. So far, 16 fires have been reported with at least one burn injury. Currently, Ford is not asking owners to stop driving their vehicles. Instead, owners of these models are being advised to park their SUVs outside and away from buildings. Twelve of the documented incidents occurred when the vehicle was parked and turned off. In addition to the Ford recall for vehicle fires, a recall … [Read More...]
Who Pays for Gig Workers Injured on the Job?
As the gig economy grows across the country, more U.S. workers are turning to side hustles or other jobs to help make ends meet. More than 36% of workers are part of the gig economy in the U.S. either through their primary or secondary employment. Gig workers amount to nearly 59 million Americans. About a third of these workers have alternative work arrangements as their primary job. This could mean flexible time or work during non-traditional 9 to 5 hours. By 2023, it is estimated that more than half of the workforce will be employed within the gig economy or worked independently during their career. But what happens when gig workers are injured or even killed on the job? What benefits are available to cover injuries or loss … [Read More...]
Larry Nassar Sex Abuse Survivors Are Suing the FBI
Months after USA Gymnastics and over 300 young female athletes finalized a settlement agreement, 13 survivors of sex abuse by Larry Nassar have turned their attention to the FBI. Nassar worked as a doctor for Michigan State University and for the Olympic gymnastic hopefuls of Team USA. Survivors are suing the FBI, seeking $130 million, to hold the FBI and government agents responsible for sexual assaults by Nassar, which happened after July 2015. Plaintiffs claim that the FBI investigation into Nassar put female athletes in the cross-hairs for more than 17 months of assaults after the first allegations surfaced while the FBI stood by and failed to act. After USA Gymnastics told FBI agents in 2015 that three athletes said they were assaulted by Nassar, the FBI failed to open a … [Read More...]
Lawsuit Filed Over Florida “Don’t Say Gay” Law
At the end of March, Florida Gov. Ron DeSantis signed the “Parental Rights in Education” bill, which will limit any classroom instruction on gender and sexuality for those aged five to nine or in kindergarten to third grade. For older children, discussion around gender and sexuality has to be conductive to be delivered in an age-appropriate and developmentally appropriate manner. Becoming law on July 1, the “Don’t Say Gay” bill allows parents to sue school districts if parents believe their Kindergarten aged to third-grade children have had any classroom instruction on gender or sexuality. The cost of these lawsuits will fall to the school district. Opponents argue that forcing the school districts to cover the cost of these lawsuits will encourage schools and school districts to … [Read More...]
Legal Happenings with Texas Investigations into Gender-Affirming Care
As states continue to introduce legislation to restrict gender-affirming care for transgender children, Texas has taken a step further. In February, Governor Greg Abbott instructed Texas’ Department of Family and Protective Services (DFPS) to investigate gender-affirming practices and the families with children receiving these practices. Practices like puberty-blocking prescriptions and hormone-blocking medication are considered the standard of care by doctors treating transgender individuals, including those under 18. Texas Attorney General Ken Paxton had stated that he would enforce this nonbinding legal directive from the governor. This comes after several opinions written by Paxton raised issues “whether genital mutilation of a child for purposes of gender transitioning through reassignment surgery constitutes child abuse.” Paxton’s statement highlighted that surgery and prescription medication as gender-affirming … [Read More...]
How Does the Supreme Court Nomination Process Work?
Since Supreme Court Justice Stephen Breyer announced his retirement in January after nearly 28 years on the bench, experts have been speculating who will take his place. President Joe Biden promised during his presidential campaign to place a Black woman on the court when a vacancy opened; he reiterated that vow after Justice Breyer’s announcement. This would be the first time a Black woman has served on the country’s highest court. President Biden is expected to announce his candidate for this historical role by the end of February. The Search For the Next Supreme Court Justice President Biden has said that the next Supreme Court Justice will need to fill the large shoes left behind by Justice Breyer, who he called “a model public servant at a time … [Read More...]
Opioid Settlements Reached in Florida, Texas with Drugmaker Endo
Nearly 10 million Americans abused prescription opioids in 2019, according to the U.S. Department of Health and Human Services. Between 1999-2019, about 500,000 Americans overdosed on addictive pain relief drugs like methadone, Oxycontin and Vicodin. Cities and communities across the country continue to cope with the extensive damage caused by opioid addiction and abuse. Many have turned to the law to seek damages from drug manufacturers, pharmacies and distributors. Some states are beginning to reach settlements with these responsible parties. Florida Opioid Settlement Last month, drug manufacturer Endo International plc agreed to pay $65 million to resolve more than 3,400 lawsuits filed against them by the state of Florida and local governments for their role in the U.S. opioid crisis. This agreement was the most recent of several settlements by … [Read More...]
Ghislaine Maxwell’s Trial Outcome and Possible Appeal
After deliberating for five days in December, a federal jury found British socialite Ghislaine Maxwell guilty of facilitating American financier Jeffrey Epstein’s abuse of underage girls. The verdict came after a month-long trial featuring the testimony of four of his victims, who detailed the abuse they experienced as teenagers between 1994 and 2004 at Epstein’s various homes in New York, Florida, New Mexico and the U.S. Virgin Islands. Maxwell’s charges included sex trafficking of minors, conspiracy to entice a minor to travel to engage in illegal sex acts, conspiracy to transport a minor with the intent to engage in criminal sexual activity, transporting a minor with the intent to engage in criminal sexual activity, conspiracy to commit sex trafficking of minors and enticing a minor to travel … [Read More...]
Supreme Court Rules On Vaccine Mandates
On January 13, the Supreme Court issued its decisions on two controversial COVID vaccine mandates. The Occupational Safety and Health Administration (OSHA) mandate would require employers with 100 or more workers to be vaccinated against COVID or face weekly COVID tests and mask wearing in the workplace. The Centers for Medicare & Medicaid Services (CMS) mandate would require employees providing health care to those receiving Medicare & Medicaid services to be vaccinated against COVID. In both cases, vaccination exemptions are possible. Related: Supreme Court Hearing Arguments About Biden’s Vaccine Mandate The court struck down the OSHA vaccine-or-test mandate on Thursday. Split along ideological lines, the vote was 6-3, with the conservative justices voting to invalidate the mandate. Highlighted in their decision, the majority opinion shared that “although Congress … [Read More...]
Supreme Court Hearing Arguments About Biden’s Vaccine Mandate
During the first week of January, the Supreme Court began hearing expedited arguments in cases related to President Biden’s mandates regarding COVID-19 vaccinations. Before the court are challenges to the Biden Administration’s Occupational Safety and Health Administration (OSHA) and the Centers for Medicare & Medicaid Services (CMS) mandates. Both mandates were designed to increase the number of vaccinated employees, reducing the potential spread of COVID and its variants. These mandates are being challenged by small businesses, large businesses, individuals and 27 states. Most of the states challenging both mandates are Republican-controlled. OSHA’s Mandate In November, the Department of Labor announced that OSHA would require employers with 100 or more employees to be vaccinated against COVID-19 or be tested on a weekly basis. As part of this mandate, OHSA … [Read More...]
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