January '09
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Law

  • USA v Eli Lilley (U.S. Dist. Ct., E.D. Penn., Jan. 15, 2009) - Drug maker Eli Lilly and Company pled guilty to off label marketing of its antipsychotic drug Zyprexa, and agreed to pay $1.415 billion to settle state and federal claims and end a federal criminal probe. Although Zyprexa was FDA approved for treating schizophrenia and certain types of bipolar disorder, Lilly admitted marketing the drug for other unapproved uses like the treatment of dementia. Link takes you to DOJ press release.
  • Citizens For Responsibility & Ethics in Washington V. Executive Office of The President, et al. (U.S. Dist. Ct., D.C. Dist., January 15, 2009) - A federal magistrate ruled that the White House must comply with a court order to preserve all e-mails under President George W. Bush's administration from March 2003 through October 2005, and that this ruling applies to all federal agencies subject to the Federal Records Act or Presidential Records Act.
  • Roland Burris et.al. v Jesse White (Illinois Supreme Court, January 9, 2009) - The Court held that Ronald Burris' appointment to the U.S. Senate by the now impeached Illinois' governor Rod Blagojevich is valid. The Court ruled that Burris' requested judicial action to force the Illinois Secretary of State to affix the state seal on the form used by Blagojevic was unnecessary, as the appointment already satisfies Illinois law.
  • Pearson V Chung (D.C. Ct. of Appeals, Dec. 18, 2008) - Whilst the world's financial markets teeter, and the prospect of unemployment and poverty is all around, an appeals court is asked to decide an attorney's claim for $54 million over a pair of missing pants. Yes - that's right, missing pants. In upholding the trial judge's decision, the three-judge panel concluded that Roy Pearson, Jr.'s argument that a "Same Day Service" sign was a false statement unless "Same Day Service" was always and automatically provided "frankly defies logic."

  • Articles

    'The Essential Legal Nurse - Why Every Medical Related Case Should Have One' LNCs have been around for a while but even now they are an under-utilized resource. This article explains why attorneys should think again and put to use the wealth of experience that is available at a fraction of the usual cost.

    Pineda v Ford Motor Company - Using An Expert Witness As A Landmine. The Third Circuit's recent decision in Pineda v. Ford Motor Company poses a potentially troubling development for lawyers facing off against expert witnesses. This ABANET analysis reviews the Pineda decision and comments on its implications for the use of expert witnesses at trial.


    Events
    Feb. 3 - 5 2009 (KS):

    IAAI Kansas Mid-West Regional Seminar Programs include: "Fire Investigator Safety" presented by Mike Donahue, CFEI on "Updating the Information on the New 921", presented by: Randy Watson, "Fire Investigation Following Flashover" presented by: Steve Carmen.

    Feb. 26-28 2009 (CA):

    Diverse Disciplines, Common Concerns Forensic Expert Witness Association annual conference. Billed as an educational conference, which is being presented by some of the most watched legal and judicial minds in the country, that will enhance professionalism and objectivity for experts in all disciplines.


    In The News

    01/07/09 (Online): Law Is Not A Science: Admissibility Of Computer Evidence & MD5 Hashes We came across this online discussion and thought it would be of interest to our readers - particularly all our IT-oriented friends out there. Some very 'techie' elements to this but we're sure you'll get it.


    01/05/09 (WA): Microsoft 'Vista Capable' Class Action - An Expert's Opinion Among the flurry of recent filings in the ongoing Vista Capable class action lawsuit in the U.S is an abbreviated report of an expert witness who says Microsoft may have earned $1.505 billion on Windows XP licenses it sold on computers that were marked "Windows Vista Capable" but not "Premium Ready." It's possibly the first time a value for the controversial program has been given publicly.


    01/04/09 (Online): Medical Expert Witness Evidence Online blog from 'The Legal Way' that neatly summarises the importance of medical experts. States the obvious, somewhat, but a useful read for the layman.


    01/01/09 (LA): Louisiana Sees 47 New Laws Come Into Force State residents awake to the New Year with the knowledge that 47 new state laws come into force. One of the most recently talked about laws, repeal of the Stelly Plan, actually became effective when Governor Bobby Jindal signed it during the 2008 Regular Session. However, the impact of the law did not become effective until January 1 when the new tax rates become effective.


    12/27/09 (NY): Appeal Court Disagrees On Admitted Expert Evidence Once-prominent pediatric neurologist Phillip S. Riback will serve 28 fewer years behind bars for his 2004 conviction for sodomizing and abusing several young male patients. The former physician was sentenced to 48 years at maximum security Green Haven Correctional Facility in Dutchess County. The Appellate Division of state Supreme Court reduced his sentence to 20 years.


    12/26/08 (MA): Man Of The People? MA Supreme Court Nominee Splits Opinion His rulings saved hundreds of homeowners from automatic foreclosures by subprime lenders. He allayed fears of Roxbury residents by demanding more state scrutiny of Boston University's plans for a biolab in the neighborhood.


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