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News

Tuesday, August 4, 2015

The cost of a medical misdiagnosis could be millions
Shared from Leeseberg & Valentine law blog
Medical malpractice attorneys exist to help those who have been harmed by the mistakes of doctors and other medical professionals.
In cases where those mistakes lead to serious, debilitating problems or even death, it’s very important to get justice. That justice was sought recently in the case of Gregory Leigh, who lost the use of his shoulder after a surgical procedure that was not actually needed.
Leigh now has permanent disfigurement of his shoulder, nerve palsy, and can’t extend his arm fully or raise it higher than his head. None of those problems with his left shoulder will get any better, and Leigh’s attorney contends that the problems were from a doctor’s misdiagnosis that could have been easily avoided.

Click to continue reading

FIFA, others defeats U.S. soccer concussion lawsuit
Shared from Reuters.com
A U.S. judge has dismissed a lawsuit by soccer players and parents seeking to force FIFA and other governing bodies to change the sport's rules to limit the risk of concussions and other head injuries, especially for children.
In a decision on Thursday, Chief Judge Phyllis Hamilton of the federal court in Oakland, California, said the plaintiffs could not use the courts to change FIFA's "laws of the game," noting it was their decision to play soccer.
Click to continue reading

The 7th Circuit just made it a lot easier to sue over data breaches
Shared from Reuters.com
One of the truisms of big litigation is that plaintiffs lawyers are adaptive folks. That’s certainly been borne out over the last couple of years in class actions against corporations whose customer or employee information has been compromised in hacker attacks. 
Federal judges in district courts dismissed those cases in waves after the U.S. Supreme Court clarified in its 2013 decision in Clapper v. Amnesty International that to meet constitutional requirements to sue in federal court, plaintiffs have to allege they are at imminent risk of suffering a concrete injury.
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DOL to employers: 'Most' Independent Contractors Are Unlawfully Misclassified, and We Are Ready to Prosecute Violators
Shared from JD Supra
The United States Department of Labor (DOL) has just issued its first “Administrator’s Interpretation” of 2015 (“Memo”).
Although the Memo’s stated purpose is to “be helpful” for employers – ostensibly by providing them with “guidance” on the standards federal courts use to assess if a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA) – the Memo reads more like a plaintiff-side summary judgment brief than any neutral presentation of federal law. 
The one-sidedness of the Memo notwithstanding, employers would be wise to give it serious attention. Its messages are both strong and clear:
Click to continue reading

Apple store employees suing because of "demeaning bag searches."
Shared from Newsweek.com
Apple Store employees who sued Apple Inc over bag searches at the iPhone maker's 52 brick and mortar outlets in California had their case certified as a class-action by a federal judge on Thursday. The ruling, from U.S. District Judge William Alsup in San Francisco, is part of a 2013 lawsuit alleging Apple should compensate thousands of store employees for the time taken to search their bags to ensure they did not steal any merchandise.
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