Mealeys

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U.S. High Court: Pharma Sales Reps Not Owed Overtime
Posted on 18 Jun 2012 by Mealeys

WASHINGTON, D.C. - A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court ruled June 18,... Read More

Maintenance And Cure Ordered For Illness Discovered After Employment Ended
Posted on 17 Aug 2012 by Mealeys

NEW YORK - A seaman is entitled to maintenance and cure for an illness that indisputably occurred during his service even if his symptoms did not present until after his employment was completed, the Second Circuit U.S. Court of Appeals ruled Aug. 15... Read More

New Jersey Appeals Court Says Drug Rep's Retaliation Claim Was Filed Too Late
Posted on 10 May 2012 by Mealeys

TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on May 9 agreed that a Celgene Corp. sales manager's claim of retaliation under New Jersey law was barred by the statute of limitations and was not tolled by an almost identical... Read More

Court Affirms Dismissal Of Claims Alleging Mycotoxin Poisoning Against County
Posted on 14 Feb 2013 by Mealeys

JACKSON, Tenn. - After finding that claims asserted by the daughters of a school custodian who alleged that mold exposure caused their mother's death were barred by the exclusive remedy provision of workers' compensation law, a Tennessee appeals... Read More

Jury In Retrial Of Asbestos Case That Netted $322M Verdict Finds For Defense
Posted on 1 May 2012 by Mealeys

RALEIGH, Miss. - A Mississippi judge on April 25 entered judgment on a defense verdict after a retrial in an asbestos case in which the plaintiffs initially netted a $322 million verdict (Thomas Brown Jr. v. Phillips 66, et al., No. 2006-196, Miss. Cir... Read More

N.C. Court Affirms Admission Of Experts Testifying On Their Area Of Expertise
Posted on 4 Dec 2013 by Mealeys

RALEIGH, N.C. - A workers' compensation commission properly admitted the testimony of a veterinarian on the issue of animal studies in an asbestos-related esophageal cancer case, the North Carolina Court of Appeals held Dec. 3 (Paulette Smith Wise... Read More

Maine Court Reverses Interest Ruling In Asbestos Suit, Affirms Offset Rulings
Posted on 7 May 2012 by Mealeys

PORTLAND, Maine - An employer does not owe interest on a payment for failing to properly respond to an employee's claim and may use the payment as an offset against an award for asbestos-related lung disease, but it may not receive an offset for the... Read More

Avandia MDL Court Remands 2 3rd-Party-Payer Cases To Pa. State Court For Now
Posted on 22 Apr 2013 by Mealeys

PHILADELPHIA - Two days after the U.S. Supreme Court allowed Humana Health Plan Inc. to sue Avandia maker GlaxoSmithKline PLC (GSK) for double damages under the Medicare Secondary Payer Act, a Pennsylvania federal judge overseeing the Avandia multidistrict... Read More

Pa. Top Court: Workers' Comp Exclusivity Doesn't Apply In Latent Disease Cases
Posted on 25 Nov 2013 by Mealeys

HARRISBURG, Pa. - The exclusivity provision in Pennsylvania's workers' compensation act does not bar a tort action when the injury arises outside the act's 300-week limit for compensation, the state Supreme Court held Nov. 22 in a 5-1 opinion... Read More

NFL Prepared To Settle Concussion Claims For $765 Million
Posted on 29 Aug 2013 by Mealeys

PHILADELPHIA - In an Aug. 29 order, a Pennsylvania federal judge announced that the National Football League and players have reached a $765 million settlement in the concussion injury multidistrict litigation (In re: National Football League Players'... Read More

New Jersey Panel Says Drug Company 'Watchdog' Covered By Whistle-Blower Law
Posted on 5 Sep 2013 by Mealeys

TRENTON, N.J. - A Johnson & Johnson "watchdog" employee who was fired can sue the company for retaliation under the state's whistle-blower protection law, a state appeals court panel said Sept. 4 in reversing summary judgment and remanding... Read More

U.S. Supreme Court Rules On Disability Benefits Calculation
Posted on 20 Mar 2012 by Mealeys

WASHINGTON, D.C. - An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 (Dana Roberts v. Sea-Land Services... Read More

Pennsylvania Judge Orders Mediation For NFL Concussion Claims
Posted on 9 Jul 2013 by Mealeys

PHILADELPHIA - The federal judge in Pennsylvania presiding over a multidistrict litigation involving thousands of former National Football League players alleging that the NFL ignored the risks of brain injuries to players from repeated head impacts ruled... Read More

Former Players Say NFL Is Wrong To Frame Concussion Claims As A Labor Dispute
Posted on 6 Nov 2012 by Mealeys

PHILADELPHIA - Allegations by thousands of former National Football League players that the NFL ignored the risks of brain injuries to players from repeated head impacts are not governed by union contracts as the NFL asserts and therefore should not be... Read More

9th Circuit: Incorporating SEC Filings By Reference Into SPD Is Fiduciary Act
Posted on 28 Oct 2013 by Mealeys

SAN FRANCISCO - Participants in eligible individual account plans (EIAPs) sponsored by a drug manufacturer sufficiently alleged that the plans' fiduciaries breached their fiduciary duty of care imposed by the Employee Retirement Income Security Act... Read More

  • Blog Post: U.S. Supreme Court Rules On Disability Benefits Calculation

    WASHINGTON, D.C. - An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 (Dana Roberts v. Sea-Land Services, Inc., et al., No. 10-1399, U.S. Sup.).
  • Blog Post: Jury In Retrial Of Asbestos Case That Netted $322M Verdict Finds For Defense

    RALEIGH, Miss. - A Mississippi judge on April 25 entered judgment on a defense verdict after a retrial in an asbestos case in which the plaintiffs initially netted a $322 million verdict (Thomas Brown Jr. v. Phillips 66, et al., No. 2006-196, Miss. Cir., Smith Co.). Subscribers may view the judgment...
  • Blog Post: Maine Court Reverses Interest Ruling In Asbestos Suit, Affirms Offset Rulings

    PORTLAND, Maine - An employer does not owe interest on a payment for failing to properly respond to an employee's claim and may use the payment as an offset against an award for asbestos-related lung disease, but it may not receive an offset for the widow's death benefits, the Maine Supreme Judicial...
  • Blog Post: New Jersey Appeals Court Says Drug Rep's Retaliation Claim Was Filed Too Late

    TRENTON, N.J. - A New Jersey Superior Court Appellate Division panel on May 9 agreed that a Celgene Corp. sales manager's claim of retaliation under New Jersey law was barred by the statute of limitations and was not tolled by an almost identical lawsuit pending in a Texas state court (David Schmidt...
  • Blog Post: NFL Players File Master Complaint Over Head Injuries

    PHILADELPHIA - The National Football League has been aware for years of the risks associated with repetitive head impacts during NFL practices and games but "ignored the risks and/or was willfully blind to the risks and/or actively concealed the risks from NFL players," former NFL players and...
  • Blog Post: U.S. High Court: Pharma Sales Reps Not Owed Overtime

    WASHINGTON, D.C. - A pharmaceutical sales representative, or detailer, falls under the U.S. Department of Labor's (DOL) definition of an "outside salesman" and is not owed overtime compensation, a split U.S. Supreme Court ruled June 18, rejecting the DOL's interpretation of its own...
  • Blog Post: 8th Circuit Says Whistle-Blowing Did Not Lead To Termination

    ST. PAUL, Minn. - A former St. Jude Medical S.C. Inc. employee failed to prove that her protected whistle-blowing activity led to her termination, the Eighth Circuit U.S. Court of Appeals ruled Aug. 1, upholding a trial court ruling ( Ann Hilt v. St. Jude medical S.C., Inc., No. 11-3035, 8th Cir.; 2012...
  • Blog Post: 4th Circuit: Whistle-Blower Failed To Show Firing By Alpharma Was Retaliatory

    RICHMOND, Va. - A whistle-blower whose False Claims Act (FCA) 31 U.S.C.S. § 3729-3733 complaint resulted in a $42.5 million settlement by Alpharma Inc. failed to prove that she was fired in retaliation for telling the company about possible FCA violations in connection with the promotion of a controlled...
  • Blog Post: Maintenance And Cure Ordered For Illness Discovered After Employment Ended

    NEW YORK - A seaman is entitled to maintenance and cure for an illness that indisputably occurred during his service even if his symptoms did not present until after his employment was completed, the Second Circuit U.S. Court of Appeals ruled Aug. 15, reversing a trial court ruling ( Richard Messier...
  • Blog Post: Former Players Say NFL Is Wrong To Frame Concussion Claims As A Labor Dispute

    PHILADELPHIA - Allegations by thousands of former National Football League players that the NFL ignored the risks of brain injuries to players from repeated head impacts are not governed by union contracts as the NFL asserts and therefore should not be dismissed, the former players say in Oct. 31 briefs...
  • Blog Post: 2nd Circuit Affirms $1.8M Workplace Retaliation Verdict Against Pfizer

    NEW YORK - A Second Circuit U.S. Court of Appeals panel on Dec. 13 affirmed a $1.8 million judgment against Pfizer Inc. for allegedly retaliating against a research scientist who complained about workplace safety (Becky McClain v. Pfizer Inc., No. 11-3002, 2nd Cir.).
  • Blog Post: Court Affirms Dismissal Of Claims Alleging Mycotoxin Poisoning Against County

    JACKSON, Tenn. - After finding that claims asserted by the daughters of a school custodian who alleged that mold exposure caused their mother's death were barred by the exclusive remedy provision of workers' compensation law, a Tennessee appeals court on Feb. 13 affirmed dismissal of their complaint...
  • Blog Post: Avandia MDL Court Remands 2 3rd-Party-Payer Cases To Pa. State Court For Now

    PHILADELPHIA - Two days after the U.S. Supreme Court allowed Humana Health Plan Inc. to sue Avandia maker GlaxoSmithKline PLC (GSK) for double damages under the Medicare Secondary Payer Act, a Pennsylvania federal judge overseeing the Avandia multidistrict litigation on April 17 remanded to Pennsylvania...
  • Blog Post: Pennsylvania Judge Orders Mediation For NFL Concussion Claims

    PHILADELPHIA - The federal judge in Pennsylvania presiding over a multidistrict litigation involving thousands of former National Football League players alleging that the NFL ignored the risks of brain injuries to players from repeated head impacts ruled July 8 that the parties should participate in...
  • Blog Post: NFL Prepared To Settle Concussion Claims For $765 Million

    PHILADELPHIA - In an Aug. 29 order, a Pennsylvania federal judge announced that the National Football League and players have reached a $765 million settlement in the concussion injury multidistrict litigation (In re: National Football League Players' Concussion Injury Litigation, No. 12-2323, E...
  • Blog Post: New Jersey Panel Says Drug Company 'Watchdog' Covered By Whistle-Blower Law

    TRENTON, N.J. - A Johnson & Johnson "watchdog" employee who was fired can sue the company for retaliation under the state's whistle-blower protection law, a state appeals court panel said Sept. 4 in reversing summary judgment and remanding the case to the trial court with new criteria...
  • Blog Post: 9th Circuit: Incorporating SEC Filings By Reference Into SPD Is Fiduciary Act

    SAN FRANCISCO - Participants in eligible individual account plans (EIAPs) sponsored by a drug manufacturer sufficiently alleged that the plans' fiduciaries breached their fiduciary duty of care imposed by the Employee Retirement Income Security Act by retaining company stock in the plans when the...
  • Blog Post: Pa. Top Court: Workers' Comp Exclusivity Doesn't Apply In Latent Disease Cases

    HARRISBURG, Pa. - The exclusivity provision in Pennsylvania's workers' compensation act does not bar a tort action when the injury arises outside the act's 300-week limit for compensation, the state Supreme Court held Nov. 22 in a 5-1 opinion reinstating two asbestos actions (Kathleen Tooey...
  • Blog Post: N.C. Court Affirms Admission Of Experts Testifying On Their Area Of Expertise

    RALEIGH, N.C. - A workers' compensation commission properly admitted the testimony of a veterinarian on the issue of animal studies in an asbestos-related esophageal cancer case, the North Carolina Court of Appeals held Dec. 3 (Paulette Smith Wise, executor of the estate of Harvey Smith v. Alcoa...