Jere Beasley Report

A look at the Resurrection

Beasley Allen — Tue, 03 May 2011 20:45:58 +0000

As we enter the Easter season, it’s a good time to consider the impact of Jesus’ resurrection. I don’t believe that Christ’s resurrection is that open for theological debate. But I realize there are many people who believe it’s sufficient to simply believe that Jesus lived and died. I also realize that there are others who don’t accept in any respect the truth of Jesus’ being raised from the dead.

In any event, for Christians, the Savior’s restoration to life is central to what He claimed about His identity and is central to Christianity as a faith. Many are asking what kind of man is this Jesus who rose from the dead? The answer is that Jesus Christ is the Son of God, who died for our sins and rose again because death had no power over Him. The resurrection of Jesus validated His entire ministry. Jesus said and did things to reveal Himself as Lord. When Jesus – the Son of God, the perfect sacrifice for sin – conquered death, He confirmed His identity. Who but the Creator could return Himself to life?

The question can also be answered by saying that the kind of man who returns from the dead is one worthy of our hope. Jesus Christ affirmed God’s power to give His followers eternal life. If our earthly existence was the end for us, it would put a totally different slant on how we lived our life. Fortunately, that’s not the case. Instead, it’s just the opening chapter of a beautiful and infinite relationship with God. So for Christians, the good news is that the best is yet to come! Apart from Jesus’ resurrection, there is no hope. Those who chase after their own versions of immortality have no assurance of life after death. That’s simply because there is none. Believers in Jesus Christ face death with the confidence that nothing can separate them from the love of God. My prayer is that the celebration of Easter has had a real meaning for each of you and your families. It’s a most significant time in the life of a Christian!

SOURCE: Jere Beasley Report › A look at the Resurrection

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The disaster in Japan

Beasley Allen — Tue, 03 May 2011 20:42:53 +0000

The disaster in Japan, caused by the record-setting earthquake and massive tsunami that followed, is one of the worst disasters of its kind in recent memory. At press time, it was being reported that over 20,000 people were killed with many more still missing. Sadly, the death toll is certain to go higher. All of us at Beasley Allen hurt deeply for the people in Japan. It’s difficult to watch the nightly news and see the devastation left behind for people in a country far away from where we reside. That distance between our two countries doesn’t lessen the pain and despair of the Japanese people. Nor should it lessen our need and desire to pray for and support them.

This situation in Japan makes all of the problems that we in the United States are facing seem rather small and certainly less compelling. The radiation problems resulting from the accidents at the nuclear plants in the affected areas compound the short- and long-range problems for the Japanese people. Governments all over the world are working in a number of ways to help out in Japan. Food, medical and other supplies, along with personnel, are being sent into the county. This help must continue until things in Japan are under control.

Our prayers continue to be with the Japanese people who have lost family members and friends and with those who are homeless. There are thousands who have lost their businesses and the ability to make a living for their families and our prayers also go out for them. The effects of this disaster will be with the Japanese people for a very long time and we must not let the passage of time put them out of our thoughts and prayers.

SOURCE: Jere Beasley Report › The disaster in Japan

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A monthly reminder

Beasley Allen — Tue, 03 May 2011 20:41:44 +0000

If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land.

2Chron7:14

SOURCE: Jere Beasley Report › A monthly reminder

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All Americans should take this message to heart

Beasley Allen — Tue, 03 May 2011 20:39:57 +0000

Many Americans have come to believe that one person really can’t get much done to help solve the multitude of serious problems facing our country. As a result, we stay at home and leave the problem-solving to others. But that doesn’t keep some of us from complaining about conditions in the U.S. and the world. We often complain when it appears no progress is being made toward solving our nation’s many problems. That has to change. Good men and women must step up and be counted and that requires that they get involved. Let’s see what a gentleman from Ireland had to say about civic involvement way back in the 18^th century.

All that is necessary for the triumph of evil is that good men do nothing.

Edmund Burke

Irish orator, philosopher, & politician

(1729 – 1797)

Perhaps what Edmund Burke said hundreds of years ago applies more today than it did even then. Men and women who love our country should get involved and work hard to stamp out the forces of evil wherever those forces might reside. We can’t afford to sit back and “do nothing” any longer.

SOURCE: Jere Beasley Report › All Americans should take this message to heart

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Favorite bible verses

Beasley Allen — Tue, 03 May 2011 20:38:30 +0000

Dr. Lester Spencer, Senior Pastor at St. James United Methodist Church, and a very good friend, sent in a verse that is timely as we approach Easter Sunday.

that if you confess with your mouth the Lord Jesus and believe in your heart that God has raised Him from the dead, you will be saved.

Romans 10:9

Woody Woodman, another good friend who attends church with Sara and me, sent in another timely verse:

Praise be to the God and Father of our Lord Jesus Christ! In his great mercy he has given us new birth into a living hope through the resurrection of Jesus Christ from the dead, and into an inheritance that can never perish, spoil or fade. This inheritance is kept in heaven for you, who through faith are shielded by God’s power until the coming of the salvation that is ready to be revealed in the last time.

1Peter 1:3-5

Willa Carpenter, who serves as Human Resources Liaison for the firm, furnished a verse for this issue. Willa has been with us for 18 years and is a most valuable employee. She has been and continues to be an inspiration for all of us at Beasley Allen.

Be of good courage, and He shall strengthen your hearts, All you who hope in the Lord.

Psalms 31:24

Mike Bush, one of our firm’s investigators, also sent in a verse for this issue. Mike sends this verse each week to his son who is in school at the University of Alabama.

There was given me a thorn in the flesh, a messenger of Satan to torment me-to keep me from exalting myself!…I implored the Lord three times that it might leave me. And He has said to me, ‘My grace is sufficient for you, for My power is perfected in weakness.’
2 Corinthians 12:7-9

My good friend, John Kline, a professor at Troy University, reminds us that prayer is a very powerful tool. John furnished this verse which is a powerful statement.

The prayer of a righteous man is powerful and effective.

James 5:16

My long time and very good friends, John & Winnie Howard, long-time members of St. James United Methodist Church, sent in a verse especially for all married couples. John was a faithful member of a Sunday School class I taught for several years. He was our “Designated Prayer,” and in that capacity, wound up each session for us. By the way, the class was unofficially known as “the old codgers.”

Love suffers long and is kind; love does not envy; love does not parade itself, is not puffed up

1 Cor. 13:4

Ben Locklar, a lawyer in our Personal Injury Section, has been studying the 103^rd Psalm for a good while. He points out that this incredible piece of poetry, written by a man who loved the Lord and was inspired by the Holy Spirit, has a tremendous message for all of us. This man, King David, was not perfect. In fact, he stumbled badly as we all know during his lifetime. The fact that God forgave King David for his sins, means there is hope for all of us today.

The Lord is compassionate and gracious, slow to anger, abounding in love. He will not always accuse, nor will he harbor his anger forever; he does not treat us as our sins deserve or repay us according to our iniquities. For as high as the heavens are above the earth, so great is his love for those who fear him; as far as the east is from the west, so far has he removed our transgressions from us.

Psalm 103:9-12

SOURCE: Jere Beasley Report › Favorite bible verses

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Newly-appointed Montgomery Police Chief is sworn in

Beasley Allen — Tue, 03 May 2011 20:37:00 +0000

Kevin Murphy was sworn in recently as the Montgomery Police Department Chief of Police. Kevin has served as interim chief since August, and brings more than 26 years of police service to the position. He holds a bachelor’s and master’s from Auburn University at Montgomery, and has risen through the MPD ranks working as a patrolman and detective. In my opinion, Mayor Todd Strange made a good choice when he selected Kevin to be Chief of Police in the Capital City. Kevin is a good man and I am convinced he will do an outstanding job. I have always believed that Montgomery – the Capital City – has an obligation to be the very best in each area of its civic and governmental responsibilities. We owe that, not only to the citizens of Montgomery, but to all Alabamians.

SOURCE: Jere Beasley Report › Newly-appointed Montgomery Police Chief is sworn in

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Harper Lee among 20 given National Medals of Arts and Humanities

Beasley Allen — Tue, 03 May 2011 20:35:43 +0000

Harper Lee, a native of Monroeville, Ala., whose To Kill a Mockingbird earned her the Pulitzer Prize and recognition as one of our country’s most beloved novelists, has received another honor. Ms. Lee was among 20 Americans given the National Medal of Arts and Humanities last month, honoring them for their contribution to the arts, humanities and literature. To say that Harper Lee is a great American is a gross understatement!

SOURCE: Jere Beasley Report › Harper Lee among 20 given National Medals of Arts and Humanities

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The anniversary of Bloody Sunday in Selma

Beasley Allen — Tue, 03 May 2011 20:33:45 +0000

Selma marked the anniversary of a watershed moment of the civil rights movement last month. The 18^th annual Bridge Crossing Jubilee took place last month in the west Alabama city during the first weekend of March. The event marked the 46^th anniversary of what is universally known as “Bloody Sunday.” As we all know – and some will remember – civil rights demonstrators marching toward Montgomery across the Edmund Pettus Bridge were attacked and many badly beaten on that sad day. But, the Selma-to-Montgomery march was held later, building momentum for passage of landmark voting rights laws. Over 1000 participants again walked across the bridge on Sunday, March 6^th, capping the annual commemoration. It’s good to remember and honor those folks who put their lives on the line in an effort to bring about badly-needed changes in the United States.

SOURCE: Jere Beasley Report › The anniversary of Bloody Sunday in Selma

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March was Brain Injury Awareness month

Beasley Allen — Tue, 03 May 2011 20:32:33 +0000

Each year, millions of people in the United States sustain traumatic brain injuries (TBI) from falls, motor vehicle traffic crashes, collisions with moving or stationary objects, and assaults. The Centers for Disease Control and Prevention (CDC) estimates TBI will affect 1.7 million people, resulting in 1.365 million emergency room visits; 275,000 hospitalizations, and 52,000 deaths every year. In order to bring awareness to brain injury and the lives of those affected by it, March is designated as national Brain Injury Awareness Month. This year, for the first time, Alabama has also specifically designated March as Brain Injury Awareness Month in the state, with a proclamation from Gov. Robert Bentley. Statistics show that nearly 10,000 people in Alabama receive a brain injury every year, resulting in 500 deaths and 1,500 disabilities among children and adults.

“Brain Injury Awareness Month honors the millions of survivors who, with proper acute care, therapeutic rehabilitation and adequate long-term supports, are living with brain injury every day,” said Susan H. Connors, president and CEO of the Brain Injury Association of America. Goals for the statewide recognition of Brain Injury Awareness Month include honoring Alabama’s citizens with Traumatic Brain Injury and their families, and increasing awareness to the general population about brain injury through the Alabama Head Injury Task Force.

The Task Force is a statewide advisory board for TBI, established in 1989 by the commissioner of the Alabama Department of Rehabilitation Services (ADRS). Its mission is to develop the ideal service delivery system for Alabamians who experience a TBI. Brain injury affects people in ways that are invisible, that no one understands and it is often called the hidden disability. Carol Stanley, who is an employee with our firm, began crusading for awareness about TBI after her son, Jason, was injured during a violent crime. Carol is active with the Alabama Head Injury Task Force and we at Beasley Allen are proud of her. Carol had this to say:

A brain injury is a forever life-altering experience for the TBI survivors and their families. Many characteristics of the brain injury impairment are not always familiar, and are not obvious to the general public, medical system, education system, legal system, judicial system, law enforcement and so on. My son’s TBI journey has taken us down all those avenues, and this is why I feel TBI education and awareness for all people is so very important.

Members of the Task Force include people with TBI, their family members, the Alabama Head Injury Foundation, the University of Alabama at Birmingham (UAB) TBI Model System, the Alabama Disabilities Advocacy Program, and the Coalition of Domestic Violence. The group also includes such state agencies as the Department of Human Resources, the Department of Mental Health, the Department of Senior Services, and the Alabama Medicaid Agency. According to Charles Priest, executive director of the Alabama Head Injury Foundation (AHIF):

Due to recent events including concussions in the NFL, the assassination attempt on Congresswoman Giffords and the return of our ‘wounded warriors,’ the awareness of traumatic brain injury is increasing. The Alabama Head Injury Foundation is responding with a new focus on safety and prevention through car seat campaigns and sports concussion education. We welcome the opportunity to coordinate the activities for Brain Injury Awareness Month in Alabama.

A person who has sustained a brain injury may access a specialized statewide network of staff who can work with the individual and his or her family to educate them about the brain injury and provide services and support. For more information, contact Maria Crowley, State Head Injury Coordinator, at 205-290-4590 or email her at maria.crowley@rehab.alabama.gov. Information about TBI also was featured throughout the month of March on our firm’s Personal Injury and Product Liability website at www.southerninjurylawyer.com.

SOURCE: Jere Beasley Report › March was Brain Injury Awareness month

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March of Dimes March for Babies

Beasley Allen — Tue, 03 May 2011 20:30:36 +0000

Once again our firm teamed up to participate in March for Babies 2011. This event helps raise money and promote awareness for the March of Dimes, helping them with their mission of research and education so that more babies can be born healthy. The event will be held on April 30^th at the Montgomery Riverwalk Amphitheater. Holly Newton is again coordinating this event for our firm. We have an official ambassador for the walk and he is JP, the grandson of Sandra Walters.

JP was born on March 14, 2009, weighing 1lb 5oz. Sandra, who works with Rhon Jones in the Toxic Torts Section of the firm, says that for the four months JP was in the Neonatal Intensive Care Unite (NICU) at Baptist Medical Center, “he had the most caring doctors and nurses who were both knowledgeable and compassionate.” Sandra says these healthcare professionals always made sure the family understood fully the care and treatment JP was receiving. Fortunately, JP will celebrate his second birthday next month.

Sandra says, as with any 2-year-old, her grandson is always ready to run and play. He is “full steam ahead.” None of this would be possible without Baptist South’s NICU. We are pleased to be able to help them so they can do their good and important work. When my wife Sara was teaching nursing at Troy University, she would take her students to the NICU at Baptist for extensive training. I learned a great deal from Sara about the good work done at the NICU by the doctors and nurses. We are blessed to have the opportunity to help those medical professionals who are working with babies who badly need their help. Little JP’s story is evidence of the good work done by these doctors and nurses.

SOURCE: Jere Beasley Report › March of Dimes March for Babies

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Footsprints to the Finishline

Beasley Allen — Tue, 03 May 2011 20:29:33 +0000

Another project our employees were involved in benefited babies and that’s a good thing. The 3^rd Annual Footprints to the Finishline was held on March 12^th at Grace Pointe Church, with all proceeds benefiting the Footprints Ministry. This ministry, based at Heritage Baptist Church in Montgomery, distributes gift bags to families who have a baby admitted to the Neonatal Intensive Care Unit. They serve Baptist South, Baptist East (partnering with Grace Pointe Church), St. Vincent’s Hospital in Birmingham, and Huntsville Hospital located in Huntsville, Ala. The main event was a 5K run, but there was also a one mile fun run. Our firm was a Bronze level sponsor of the Footprints race this year. Kelli Alfreds coordinated this event for the firm and did a very good job.

SOURCE: Jere Beasley Report › Footsprints to the Finishline

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Renovation project at Common Ground

Beasley Allen — Tue, 03 May 2011 20:28:52 +0000

Folks in our firm have been involved in a number of worthwhile projects recently. For example, our employees started an exciting renovation project for the youth and families served by Common Ground Montgomery last month. The project will create Youth Entrepreneurship and Housing Redevelopment Centers that will provide more opportunities for the community. Common Ground works to create a “safe haven” of love and grace, along with structure and discipline, for the children in West Montgomery when they are most vulnerable to the destructive influences of the streets. They also concentrate on investing in urban youth by focusing on holistic development.

WSFA and Faith Radio are our media partners for this special project. Volunteers from the Montgomery Advertiser, as well as from the community, are donating “sweat equity” hours to help in the construction and renovation activities. Employees from our firm volunteered their time to help with outdoor landscaping for this project. The site is located at 1516 Mobile Road in Montgomery. Helen Taylor is coordinating this project for the firm and she has done a very good job. It’s a good opportunity for us to help the folks at Common Ground who in turn help others.

SOURCE: Jere Beasley Report › Renovation project at Common Ground

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Firm sponsors Gardasil film documenting harmful side effects

Beasley Allen — Tue, 03 May 2011 20:27:55 +0000

Our firm has committed financially to help a group of independent filmmakers in the creation of a documentary that would shed light on the harmful side effects of the HPV vaccine, Gardasil. Titled “One More Girl,” the documentary will share the stories of individuals and families devastated following a Gardasil injection. The vaccine, which is touted as a prevention for four types of human papillomavirus (HPV) that could cause cervical cancer, has been linked to thousands of serious adverse event reports and more than 80 deaths. Leigh O’Dell, a lawyer in our Mass Torts Section, is working on a number of cases on behalf of clients who were harmed by Gardasil. Leigh had this to say:

We believe that efforts such as this film, ‘One More Girl,’ are vital to getting the word out about the dangers of Gardasil. We are pleased to be able to support this worthwhile project and trust that many will learn about the unreasonable risks associated with Gardasil prior to having their daughters vaccinated.

The film’s title is a play on the effective Gardasil advertising campaign, “One Less,” which encouraged girls to be vaccinated so they could be “one less girl with cervical cancer.” The drug is manufactured and marketed by Merck & Co. Filmmakers Ryan and David Richardson decided to make the film after their sister, Donielle Richardson, suffered an adverse reaction after receiving the vaccine. They found thousands of other cases of girls suffering serious illnesses, or who had died, after receiving the vaccine.

Their production company is named ThinkExist Productions. They have partnered with two Gardasil advocacy groups, TruthAboutGardasil.org and SANE VAX Inc., to develop the film, which will share personal stories of adverse reactions and deaths linked to the drug, and also will cover the social and political trail of deception over the global mass marketing of HPV vaccines. The film is expected to begin production this summer, with release tentatively scheduled in 2012. For more information, visit the official film website at www.onemoregirlfilm.com.

SOURCE: Jere Beasley Report › Firm sponsors Gardasil film documenting harmful side effects

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Amy Skelton

Beasley Allen — Tue, 03 May 2011 20:23:55 +0000

Amy Skelton, who has been with the firm for eight months, is currently a Legal Secretary assisting Richard Stratton, a lawyer working in the BP Oil Spill litigation. Amy helps to maintain all documents filed in the BP cases and circulates them on a daily basis to all of the lawyers in the Toxic Tort Section. She also is working with Brantley Fry, another lawyer, on the TVA Kingston Coal Ash Spill case. Amy received her diploma from Patterson State Technical College (now Trenholm Tech) and received a diploma in Office Automation with a certificate for a high grade point average.

Amy and her husband, Mark, have been married for 16 years. Mark works in the IT department at the Alabama Department of Public Health. They have two children: Patrick, who is 12 years old, attends Millbrook Middle School and is involved in its gifted program; and Madison, who is six, and attends Coosada Elementary in Millbrook. On weekends, Amy enjoys spending time with her family and taking trips to Gatlinburg, Tenn. and Destin, Fla. She also loves to watch college football and is a huge Alabama fan. Mark and Amy attend Hunter Hills Church of Christ in Prattville. Amy is a dedicated employee who works hard on all of her projects. We are fortunate to have her with the firm.

SOURCE: Jere Beasley Report › Amy Skelton

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Graham Mosley

Beasley Allen — Tue, 03 May 2011 20:22:12 +0000

Graham Mosley has been with the firm for only five months. He is a staff assistant to Larry Golston in our Consumer Fraud Section. In this position, Graham assists in contacts with Larry’s clients and helps to investigate their claims. Graham graduated from AUM and has plans to attend law school. He and his fiancée, Claire, will be married this month. Graham enjoys fly fishing, golf, and anything dealing with the outdoors. Even though he has only been with us for a short time, Graham is a hard worker and based on what we have seen, we believe he will be a very good employee. We are pleased to have him with us.

SOURCE: Jere Beasley Report › Graham Mosley

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John Tomlinson

Beasley Allen — Tue, 03 May 2011 20:21:00 +0000

John Tomlinson graduated from The University of Alabama in 1995, with a B.S. Degree in Commerce and Business Administration. John was a member of the 1990 and 1991 University of Alabama football teams coached by one of the best ever, Gene Stallings. Prior to graduating from Jones School of Law in 2001, John was employed in the health care field in the Tuscaloosa area, where he received five years of managerial and health insurance experience. When John joined the firm as an associate in May 2002, he first worked in the Consumer Fraud Section.

John’s work is now focused on environmental litigation. He is currently involved in the pursuit of claims for a good number of individuals and businesses against BP and other responsible parties as a result of the Gulf oil spill. John was one of several featured presenters for the August 24, 2010 “BP Oil Spill Reimbursement Webcast,” presented by the Florida Institute of Certified Public Accountants (FICPA). There were more than 1,000 accountants from states along the Gulf Coast participating, including Florida, Alabama, Mississippi, Louisiana and Texas. His presentation was on “Rights of Impacted Parties.” He is also actively pursuing and investigating other claims related to nuisance, trespass to property, and personal injury due to exposure to toxic chemicals. In December 2010, John was selected as the firm’s Lawyer of the Year for the Toxic Torts Section.

John currently serves as Vice-President for the Montgomery County Association for Justice, where he has also served as Secretary, Treasurer, and as a member of the Board of Directors. John is a member of the Alabama State Bar, American Bar Association and Alabama Association for Justice. He also serves on the Selection Committee of the Jimmy Hitchcock Memorial Award, which recognizes Christian Leadership in Athletics for Montgomery County student athletes.

John is the youngest of six children. He grew up in Waynesboro, Miss., and later moved to Monroeville, Ala., where he graduated from high school and lettered in four sports. John’s mother, Mary B. Tomlinson, still lives in Monroeville where she is a feature writer for the Monroe Journal. In the summer of 2000, John was a part of a climbing team that summited 14,411-foot Mount Rainier in Washington State. John has a six-year-old son, Jet. He and Jet enjoy watching movies and playing video games together. John is a member of First Baptist Church in Montgomery and is involved in many local charity and fund-raising events. We are extremely fortunate to have John on our team. He is doing some excellent work for his clients’ cases arising out of the Gulf oil spill.

SOURCE: Jere Beasley Report › John Tomlinson

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Chris Glover will serve as President of STLA

Beasley Allen — Tue, 03 May 2011 20:19:11 +0000

Chris Glover, a shareholder in the firm, was elected President of the Southern Trial Lawyers Association (STLA) at the organization’s 23^rd Annual Conference, held in New Orleans last month. The mission of the STLA is to promote fellowship, learning and networking among trial lawyers throughout the 13 southern states. Membership in the STLA is by nomination made by a member of the Board of Directors, with approval by other Board members from the nominee’s state. It’s said that STLA consists of some of the “best of the best” throughout the south.

Chris graduated from Cumberland School of Law and practiced law in Birmingham, Ala. for a number of years prior to joining our firm in 2008. He has dedicated his practice to protecting the rights of survivors of catastrophic personal injury and victims of wrongful death. He has represented injured individuals and their families in a wide range of serious injury and death claims, including those that were the result of defective products, car, commercial truck, and workplace accidents. Chris has tried numerous cases that have resulted in verdicts or settlements in excess of one million dollars. A frequent lecturer, Chris has spoken across the country on issues concerning defective products, trial skills and effective leadership. Chris is married to the former Erin Henley and they have two children, Kaitlyn and Andrew.

SOURCE: Jere Beasley Report › Chris Glover will serve as President of STLA

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Skippy Peanut Butter recalled due to salmonella

Beasley Allen — Tue, 03 May 2011 20:17:26 +0000

Unilever United States Inc., the company that makes Skippy peanut butter, is recalling two of its spreads that may be contaminated with salmonella. According to the company, no illnesses have been linked to the recall of the Skippy reduced fat creamy and reduced fat chunky brands. They are packaged in 16.3 oz. plastic jars with use-by dates of May 16-21, 2012.

Unilever says it detected possible salmonella through its own testing. The recalled jars were distributed to retail outlets in Arkansas, Connecticut, Delaware, Illinois, Iowa, Maine, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, Virginia and Wisconsin, the company said. Salmonella can cause serious and sometimes fatal infections in those with weakened immune systems.

If you need more information on any of the recalls listed above, or would like information on a recall not listed, please visit our firm’s web site at www.BeasleyAllen.com/recalls. We would also like to know if we have missed any significant recall that involves a safety issue this month. If so, please let us know. You may also contact Shanna Malone at Shanna.Malone@beasleyallen.com for more recall information.

SOURCE: Jere Beasley Report › Skippy Peanut Butter recalled due to salmonella

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Hazelnuts recalled by DeFranco & Sons

Beasley Allen — Tue, 03 May 2011 20:16:32 +0000

DeFranco & Sons of Los Angeles, Calif., has recalled bulk and consumer-packaged in-shell hazelnuts and mixed-nut products containing in-shell hazelnuts. The recalled products are linked to seven cases of Escherichia coli O157:H7 in Michigan, Minnesota and Wisconsin and may cause serious illness. Consumers who have purchased bulk in-shell hazelnuts or mixed-nut products containing in-shell hazelnuts should check with the retailer to determine if they are subject to the recall, or throw the nuts away. These nuts were distributed nationwide and to Canada from November 2^nd to December 22, 2010. The in-shell hazelnuts may have been sold in two-pound and four-pound packages of mixed nuts, one-pound packages containing only in-shell hazelnuts or in open bins of nuts in grocery stores. Consumers with questions about this recall should contact DeFranco & Sons at 1-800-993-3992. The FDA encourages consumers with questions about nut safety to call 1-888-SAFEFOOD.

SOURCE: Jere Beasley Report › Hazelnuts recalled by DeFranco & Sons

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Seven tons of ground beef recalled

Beasley Allen — Tue, 03 May 2011 20:15:38 +0000

Creekstone Farms, a Kansas company, has recalled more than 14,000 pounds of ground beef due to possible E. coli contamination. The recalled meat, sold in large packages and distributed in numerous states, comes from Creekstone Farms Premium Beef of Arkansas City, Kansas. Some 14,158 pounds of beef, in a handful of varieties, are subject to the recall, according the U.S. Department of Agriculture’s Food Safety and Inspection Service.

SOURCE: Jere Beasley Report › Seven tons of ground beef recalled

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Matilda Jane recalls girl’s Chelsa dress

Beasley Allen — Tue, 03 May 2011 20:14:40 +0000

Matilda Jane LLC of Fort Wayne, Ind., has recalled 1,500 Girl’s Dress because the buttons can come off, posing a choking hazard. Matilda Jane has received one report of an incident with no injuries. The Chelsa dress is a girl’s sleeveless sundress in sizes 2, 4, and 6. The top is white with green polka dots; the bottom is printed with a green and yellow floral design and has a multi-colored floral border at the hem. The dresses were sold at in-home trunk shows and online from February 1 through February 25, 2011. Anyone possessing this dress should return it for repair or refund by contacting Matilda Jane Clothing at recall@matildajaneclothing.com, by calling collect at 260-424-3511 or by visiting www.matildajaneclothing.com.

SOURCE: Jere Beasley Report › Matilda Jane recalls girl’s Chelsa dress

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Holiday-themed infant slippers recalled

Beasley Allen — Tue, 03 May 2011 20:13:55 +0000

Atico International USA is recalling baby slippers due to a choking hazard. About 57,000 holiday rattle baby slippers – soft shoes with built-in rattles – were imported from China by Atico International USA of Fort Lauderdale, Fla., and sold nationwide at Walgreens stores from October 2010 through January 2011 for about $5.

The company says it has received three reports of infants pulling on the stuffing in the slippers. In one near-choking incident, a seven-month-old baby was found with the stuffing in his mouth, the company said. The slippers have holiday themes, including reindeer, snowman, penguin and Santa Clause styles. Consumers were advised to stop using the slippers and return them to a Walgreens store for a full refund. Consumers can call 877-546-4835 for information.

SOURCE: Jere Beasley Report › Holiday-themed infant slippers recalled

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Fun World recalls costumes

Beasley Allen — Tue, 03 May 2011 20:12:26 +0000

Fun World, Inc. a Division of Easter Unlimited, Inc. of Carle Place, N.Y., has recalled Little Pet Vet costumes and Dr. Littles costumes. The costumes are sold with a toy stethoscope accessory. The plastic ear pieces at the end of the stethoscope can be pulled off, posing a choking hazard to young children. This recall is limited to the stethoscope accessory from Fun World’s toddler-sized Pet Vet and Dr. Littles costumes. The costumes include a white lab coat, a cap, scrub pants, a scrub shirt and a stethoscope. The cap and scrubs are pink, turquoise or blue. A tracking label bearing the code 10060GFI01 and a production date of either Jan-Mar 2010 or Apr-Jun 2010 is sewn into the neck of the scrub shirt or the lab coat. The costumes were sold at novelty stores, costume and party supply stores nationwide from August 2010 through October 2010 for about $15. Consumers should immediately take the stethoscope away from children and contact Fun World for instructions on returning the stethoscope for a full refund. For additional information, contact Fun World at (800) 247-5314 or by email at support@fun-world.net.

SOURCE: Jere Beasley Report › Fun World recalls costumes

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Manhattan group recalls parents wooden activity toys

Beasley Allen — Tue, 03 May 2011 20:11:18 +0000

About 400 Parents® Busy Time Activity Centers™ have been recalled by Manhattan Group LLC, of Minneapolis, Minn. Wooden pegs on the xylophone activity can come loose, posing a choking hazard to young children. CPSC has received one report of a child putting a peg in his mouth. No injuries have been reported. The Parents® Busy Time Activity Centers™ is a wooden activity center cube-shaped toy that has a multi-colored bead run on the top. Activities on each side include a 4-tone xylophone and rasp, butterfly and caterpillar spinners, zig-zag drum, castanets, and pockets with “alligator,” “bear,” and “cat” pillow characters. Only items with wooden pegs bearing date code 400090GC are involved in this recall. The date code can be found on the bottom of the product packaging near the UPC code and on the tags on the bear character.

The activity centers were sold at specialty and gift stores, through mail order catalogs and online in the U.S. and Canada from December 2010 through February 2011 for about $90. Consumers should take these recalled toys away from young children immediately and return them to the store where purchased for a full refund. Consumers can also contact Manhattan Group for instructions on receiving a replacement item or a full refund. For additional information, contact Manhattan Group at (800) 541-1345 or visit the company’s Web site at www.manhattantoy.com. CPSC is still interested in receiving incident or injury reports that are either directly related to this product recall or involve a different hazard with the same product.

SOURCE: Jere Beasley Report › Manhattan group recalls parents wooden activity toys

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IKEA coffee, tea maker are recalled

Beasley Allen — Tue, 03 May 2011 20:09:16 +0000

IKEA Home Furnishings, of Conshohocken, Pa., has recalled FORSTA Coffee/Tea Makers. This recall includes 94,000 in the U.S. and 34,000 in Canada. Pressure from the metal pot holder against the coffee/tea maker can cause the glass to break unexpectedly, posing burn and laceration hazards. IKEA has received one report in the U.S. of a glass coffee/tea maker breaking. No injury was reported. IKEA has received 19 additional reports, outside of the U.S., of the glass coffee/tea makers breaking, resulting in 12 reports of burn injuries from spilt coffee/tea and one report of a laceration injury.

This recall involves FORSTA coffee/tea makers sold in sizes 0.4 and 1 liters. The coffee/tea maker is a press pot comprised of a handmade clear glass pot, metal holder and black plastic top and handle. Coffee/tea makers included in this recall have supplier number 20325, “IKEA” and “Made in China” etched on the bottom of the metal holder. The coffee Makers were sold exclusively at IKEA stores nationwide from January 2010 through December 2010 for between $6 and $10. Consumers should immediately stop using the FORSTA coffee/tea makers and bring it back to any IKEA store for a full refund. For additional information, contact IKEA toll-free at (888) 966-4532 anytime, or visit the company’s website at www.ikea-usa.com

SOURCE: Jere Beasley Report › IKEA coffee, tea maker are recalled

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Baby jogging stroller attachment recall

Beasley Allen — Tue, 03 May 2011 20:07:34 +0000

A popular jogging stroller is being recalled because of an attached seat for babies that may not properly lock into place causing the child to fall out. The recall affects1,545 Baby Jogger Jump Seats which attach to the Baby Jogger City Elite, Baby Jogger City Classic or Baby Jogger Summit strollers sold since January 2008. Four children have reportedly fallen out of the seats when they disengaged from the strollers. One baby was said to have suffered a broken nose.

This recall includes the Baby Jogger Jump Seat. The Jump Seat is a fabric seat accessory with the name “Baby Jogger” on the front that is attached to the mounting bracket on the frame of a Baby Jogger City Elite, Baby Jogger City Classic or Baby Jogger Summit stroller and allows a toddler and baby to ride together in the same stroller at the same time. The item number is printed on the product packaging. The attachments were sold at juvenile products stores, mass merchandisers, and department stores nationwide and on the Web from January 2008 through July 2010 for about $100. Anybody who has one of these should stop using it and contact Baby Jogger at (877) 506-2213, or by e-mail at recall@babyjogger.com to receive Jump Seat safety straps and assembly instructions.

SOURCE: Jere Beasley Report › Baby jogging stroller attachment recall

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J&J animas unit recalls leaky insulin cartridges

Beasley Allen — Tue, 03 May 2011 20:05:47 +0000

Johnson & Johnson has recalled hundreds of thousands of potentially leaky insulin pump cartridges that could lead to serious health problems and death. It also has been warned by the U.S. Food and Drug Administration due to manufacturing concerns regarding heart devices made at its Cordis unit’s San German, Puerto Rico, facility.

J&J’s Animas unit, the maker of the recalled cartridges and insulin pumps in which they are used by diabetics, said in a letter to patients that it found some of the cartridges can leak, resulting in delivery of less insulin than intended. Insufficient insulin can cause high blood sugar and a serious condition known as diabetic ketoacidosis, which can be fatal. A spokesperson for Animas says a leaking cartridge could also cause the pump to fail to sound an alarm if there were blockage in the infusion set.

We have learned that there have been reports of 22 adverse events experienced by patients. Fortunately, none involved hospitalization or death. A total of 384,180 2.0 milliliter insulin cartridges were recalled. The cartridges came from five lots shipped in the United States and one in France between November 30^th and January 4^th. A letter posted on the Animas website listed the specific U.S. recalled lot numbers. Animas says it informed physicians and the FDA about the recall.

SOURCE: Jere Beasley Report › J&J animas unit recalls leaky insulin cartridges

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Pfizer recalls pain drug acquired in king purchase

Beasley Allen — Tue, 03 May 2011 20:04:17 +0000

Pfizer Inc. has recalled an opioid painkiller obtained when it purchased King Pharmaceuticals. Embeda, which has annual sales of less than $70 million, was recalled in the United States because of a stability defect found in the extended-release product during routine testing. The drug contains pellets of morphine that surround naltrexone, a chemical which blocks opiate effects if the product is crushed or chewed — thereby deterring misuse or abuse. The naltrexone component was shown to have degraded to unacceptable degrees in samples of Embeda that were tested. The problem is unlikely to pose a safety risk and patients can continue taking the drug as prescribed, according to the drugmaker. Embeda, approved by U.S. regulators in August 2009, was recalled three times last year due to other formulation problems, all relating to how it dissolves.

SOURCE: Jere Beasley Report › Pfizer recalls pain drug acquired in king purchase

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‘Camp Nod’ nightlights recalled

Beasley Allen — Tue, 03 May 2011 20:02:10 +0000

“Camp Nod” lantern-styled nightlights have been recalled due to a risk of shock and fire. About 9,700 lantern-style nightlights were imported from China by The Land of Nod of Northbrook, Ill., and sold at Land of Nod stores in Washington and Illinois from September 2004 through last October for about $35. The firm says it has received 16 reports of the lamps short circuiting. Consumers were advised to stop using the nightlights and return them to Land of Nod to receive credit for the purchase. Consumers can call 800-933-9904 for information.

SOURCE: Jere Beasley Report › ‘Camp Nod’ nightlights recalled

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AOSOM recalls wooden playpens

Beasley Allen — Tue, 03 May 2011 20:01:11 +0000

AOSOM LLC, of Tualatin, Ore., has recalled about 5,000 Wooden Playpens. The wooden playpen can break, split and/or crack at points where screws and other hardware are located. Small, broken wood pieces and hardware from the playpen can pose a risk of choking and laceration hazards to children. In addition, an unstable playpen can fall over onto a child, posing an entrapment hazard. AOSOM has received 69 reports of the wooden playpens breaking, splitting and/or cracking including one report of a child mouthing a piece of the broken wood and three reports of children found with a broken piece of wood and/or screw in their hand. The objects were removed without injury. This recall involves AOSOM wooden playpens made from pine wood. The firm’s logo “A” and “www.AOSOM.com” is stamped on the gate of the playpen.

The playpens were sold online at AOSOM.com, Amazon.com, eBay.com and other online retailers from October 2008 through November 2010 for between $30 and $150. Consumers should immediately stop using the wooden playpens and contact AOSOM for instructions on how to return the product and receive a full refund. For additional information, contact AOSOM toll-free at (877) 644-9366, or by e-mail at service@aosom.com. Consumers can also visit the company’s website at www.aosom.com

SOURCE: Jere Beasley Report › AOSOM recalls wooden playpens

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FAB/Starpoint recalls Circo beaded door curtains

Beasley Allen — Tue, 03 May 2011 20:00:07 +0000

FAB/Starpoint LLC, of New York, N.Y. has recalled 79,000 Circo beaded door curtains. The curtains were sold by Target Corp., of Minneapolis, Minn. Strangulations can occur when a child plays with the beaded strands by wrapping them around their necks or by creating loops in which they can insert their heads. Also, children can get entangled in the strands, which are prone to entangle, just by running through the doorway. The company has received three reports of entanglement. In January 2009, a nine-year old girl was entangled while passing through the beads and nearly choked as she continued walking through the curtain. In January 2010, a six-year old girl in Reno, Nev. became entangled in the bead strands as she passed through them and suffered slight lacerations to her neck. In April 2010, a girl became entangled as the beads swung back behind her father who had walked through the beads before her. She was pulled off her feet and momentarily suspended before she regained her footing and she received scratches to her neck.

The Circo pink door curtain is a set of two beaded door curtains, each of which is 12 inches wide and 72 inches long. The warnings on the packaging include: “Not for use in areas with children under 5 years of age. Plastic ornaments may pose strangulation or entanglement hazard. Not for use near cribs or playpens.” The photograph on the packaging shows an installed door curtain at the doorway of a girl’s bedroom with pink wall color, child-themed lamp and clock. There is a CAUTION statement included in the installation instructions that states: “Do not tie bottom to form loops.” Consumers should immediately take down the curtains and contact FAB/Starpoint for a full refund. FAB/Starpoint will provide a postage-free package to consumers to return the door curtain. For additional information, contact FAB/Starpoint toll-free at (888) 333-2684 or visit the company’s website at www.fabny.com.

SOURCE: Jere Beasley Report › FAB/Starpoint recalls Circo beaded door curtains

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Wall mount fireplaces recalled by Southern Enterprises

Beasley Allen — Tue, 03 May 2011 19:58:57 +0000

Southern Enterprises Inc. (SEI), of Coppell, Texas has recalled about 6,000 Cowie Gel-Fuel Wood Fireplaces. Heat from the operating unit causes the plastic mounting screws to deform causing the unit to fall from the wall, posing a fall and fire hazard. SEI says it has received reports of 21 incidents of the product detaching from the wall and falling, causing heat damage and/or fire. Two reports of personal injuries, including a knee injury and broken toes have been reported. This recall involves Colin Cowie dual-positioning, wood wall-mount, gel-fuel fireplace with item No. 955-074.

The wooden wall mount fireplace has an espresso-colored finish with copper, silver or antique gold finished metal trim. It may be hung in a horizontal or vertical position. This recall involves units manufactured in July 2010. Lot number SEI/07/001 can be found on a label on the rear of the unit in the upper right hand corner when horizontal. The fireplaces were sold at Home Shopping Network between October and November 2010 for about $250. Consumers should immediately stop using the recalled product and call SEI for a corrective retro fit kit that will be sent free of charge. For additional information, contact SEI at (877) 858-4959 or visit the company’s website at www.seidal.com/retrofit.

SOURCE: Jere Beasley Report › Wall mount fireplaces recalled by Southern Enterprises

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Sunjoy industries recalls outdoor wood burning fireplaces

Beasley Allen — Tue, 03 May 2011 19:50:54 +0000

Sunjoy Industries Group Limited, of Steubenville, Ohio, has recalled its Freestanding Steel Outdoor Fireplaces. The recall includes about 20,000 fireplaces in the United States and 400 in Canada. The decorative bronze powder coat finish on the fireplace chimney can ignite during use, posing a fire hazard to consumers. Sunjoy says it has received 14 reports of the chimney’s decorative powder coat finish catching fire, resulting in one report of melted siding. No injuries have been reported. This recall involves “Garden Treasures Living” steel outdoor fireplaces with a bronze finish chimney and slate colored accents. The wood burning fireplace is approximately 24 inches deep by 35 inches wide and 57 inches tall, has two glass doors and a tile back inside. Item number 0027705 and model number L-OF082PST-3 are printed on the front page of the product’s instruction manual.

The fireplaces were sold at Lowe’s retail stores nationwide from March 2010 through November 2010 for about $300. Consumers should immediately stop using the fireplace and contact Sunjoy to obtain a free replacement chimney and chimney cap. For additional information, contact Sunjoy toll-free at (877) 343-5651 or visit the company’s website at www.sunjoydirect.com/fireplacerecall.htm. Consumers can also email the company at fireplacerecall@sunjoydirect.com.

SOURCE: Jere Beasley Report › Sunjoy industries recalls outdoor wood burning fireplaces

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Burlington Coat Factory recalls slow cookers

Beasley Allen — Tue, 03 May 2011 19:49:16 +0000

About 7,460 Slow Cookers sold by Burlington Coat Factory, of Burlington, N.J. and importered by Lehrhoff ABL, of Carlstadt, N.J. have been recalled. The slow cooker’s control panel can overheat and melt, posing a fire hazard. The manufacturer has received 60 reports of the control panels smoking, melting and sparking, and three reports of panels catching fire. Fourteen incidents resulted in minor damage to countertops. No injuries have been reported. This recall involves Bella Kitchen 5-quart programmable slow cookers. The slow cookers are black with “Bella Kitchen” printed on the control panel.

Only slow cookers with model number WJ-5000DE and date codes 0907 or 0909 are included in this recall. The model number and the four-digit date code are printed on a label on the underside of the product. The slow cookers were sold at Burlington Coat Factory stores from June 2010 through December 2010 for $20. Consumers should stop using the slow cooker immediately, unplug it and return the slow cooker to Burlington Coat Factory for a full refund or store credit. For additional information, contact Burlington Coat Factory toll-free at (888) 223-2628 or visit the firm’s website at www.burlingtoncoatfactory.com.

SOURCE: Jere Beasley Report › Burlington Coat Factory recalls slow cookers

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Natural gas log set burner assemblies

Beasley Allen — Tue, 03 May 2011 19:47:35 +0000

Lennox Hearth Products LLC, of Nashville, Tenn., has recalled about 3,200 Lennox Shadowdance Natural Gas Log Set Burner Assemblies. A crack can develop at the gas valve connection allowing natural gas to leak while the burner is in use, posing a risk of carbon monoxide poisoning. Lennox says it has received 20 reports of cracks at the gas valve connection. No injuries have been reported according to the company. The product is used in a wood-burning fireplace or a ventless firebox enclosure.

The assemblies were sold under model numbers LSVFSD-18, LSVFSD-24 and LSVFSD-30, and include a burner and ceramic-fiber log set. Replacement gas burners also were sold separately under model number LSVFSD-NG. Burners included in this recall have serial numbers that begin with 6407, 6408, 6409 and 6410A through 6410G. The burner’s model and serial numbers are printed on a metal identification plate attached to the burner. The gas log sets were sold by fireplace and HVAC retailers and installers nationwide from August 2007 through December 2010 for between $700 and $850. Consumers should immediately stop using the recalled natural gas log set burner assemblies. Consumers can contact Lennox to arrange for a free replacement of the burner. For additional information, please contact Lennox Hearth Products at (800) 299-0027.

SOURCE: Jere Beasley Report › Natural gas log set burner assemblies

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Liebherr recalls built-in refrigerators due to injury hazard

Beasley Allen — Tue, 03 May 2011 19:46:28 +0000

Liebherr-Hausgeraete Lienz GmbH, of Austria, has recalled over 5,500 Liebherr Built-In 30-Inch Wide Bottom Freezer Refrigerators. The refrigerator’s door can detach, posing an injury hazard to consumers. Liebherr has received ten reports of doors detaching. No injuries have been reported. This recall involves Liebherr built-in 30-inch wide bottom freezer refrigerators. The refrigerators were sold individually or as side-by-side companion units. The refrigerators come in stainless steel and various custom finishes and are built into the kitchen cabinetry. “Liebherr” is written on the top interior control panel. The model number can be found on a label located behind the bottom drawer on the left interior side of the single door refrigerator.

Appliance and specialty retailers nationwide sold the refrigerators from February 2004 through January 2011 for between $4,400 and $5,000. Consumers with recalled refrigerators should contact Liebherr immediately to schedule a free in-home repair. Consumers should check their refrigerator immediately to see whether the door hinge pin has become loose as indicated by a popped up hinge pin at the top or bottom. If the hinge has not become loose and the door is functioning properly, consumers may continue to use the refrigerator until it is repaired. For additional information, contact Liebherr toll-free at (877) 337-2653 or visit Liebherr’s website at www.liebherr.us.

SOURCE: Jere Beasley Report › Liebherr recalls built-in refrigerators due to injury hazard

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Sanus Elements surge protectors recalled

Beasley Allen — Tue, 03 May 2011 19:45:08 +0000

Milestone AV Technologies LLC, of Savage, Minn., and Rite-Tech Industrial Co., Ltd., of Taiwan, have recalled about 2,500 low-profile power conditioners/surge protectors. Improper grounding of the case and inadequate insulation for the circuit breaker poses an electrical shock hazard to consumers. This recall involves all Sanus Elements model ELM205 low-profile power conditioners or surge protectors. SANUS ELEMENTS is printed on the front of the unit and the model number is printed near the UL logo on the back.

The power protectors were sold by independent home theater dealers from June 2009 through December 2010 for about $90. Consumers should immediately stop using the product and contact Milestone for a replacement product or refund. For additional information, contact Milestone toll-free at (877) 894-6280, or visit the company’s website at www.milestone.com/recall.

SOURCE: Jere Beasley Report › Sanus Elements surge protectors recalled

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Kawasaki motor recalls backpack blowers due to fire hazard

Beasley Allen — Tue, 03 May 2011 19:44:12 +0000

Kawasaki Motor Corp. U.S.A., of Irvine, Calif., has recalled Gasoline-Powered Backpack Blowers. This recall includes about 3,400 blowers in the United States and 100 in Canada. The gasoline tank can split and leak fuel, posing a fire hazard to consumers. Kawasaki says no incidents or injuries have been reported. This recall involves gasoline-powered blowers sold under the Kawasaki brand name. Model and serial numbers are printed on the product’s blower housing. Backpack blowers included in this recall have a white, translucent fuel tank. The blowers were sold by authorized service dealers nationwide from August 2008 through February 2011 for between $420 and $490. Consumers should immediately stop using the recalled products and return them to the nearest dealer for a free replacement fuel tank. For additional information, contact Kawasaki Motor toll-free at (877) 364-6404 or visit the company’s website at www.kawpowr.com. Consumers can also write to the firm at: Kawasaki Motor Corp. U.S.A. Consumer Service Department, 5080 36th St. SE, Grand Rapids, Mich. 49546.

SOURCE: Jere Beasley Report › Kawasaki motor recalls backpack blowers due to fire hazard

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Delta Enterprise ‘safety peg’ drop-side crib recall to repair

Beasley Allen — Tue, 03 May 2011 19:43:15 +0000

Delta Enterprise Corp., of New York, N.Y. has re-announced the 2008 recall of more than 985,000 drop-side cribs with “Crib Trigger Lock and Safety Peg” hardware. In January 2011, CPSC and Delta learned of a 2009 death in which a seven-month-old girl from Colorado Springs, Colo. became entrapped and suffocated between the detached drop-side and mattress of her recalled crib. The crib was purchased secondhand and re-assembled without safety pegs in the bottom tracks.

Missing safety pegs can create a situation where the crib’s drop-side rail disengages from the track. This can create a hazardous space in which an infant can become entrapped and suffocate. At the time of the October 2008 recall, consumers were notified by the CPSC about the death of an eight-month-old girl who became entrapped and suffocated when the drop side of the crib detached. The crib involved in this incident also was re-assembled without safety pegs. At the time of the October 2008 recall announcement, there were reports of two entrapments and nine detachments in cribs without safety pegs.

This re-announcement involves cribs that were made in Taiwan and Indonesia. The cribs were sold at major retail stores including Kmart, Target and Wal-Mart between January 1995 and December 2005 (through September 2007 for model 4624) for about $100. Delta’s name and address is printed on the mattress support boards and the Delta logo is on the crib’s top teether rail. Model numbers are located on the top of the mattress support board. Parents and caregivers should immediately stop using cribs that are missing a safety peg on either leg of the drop side. Call Delta toll-free at (800) 816-5304 anytime or visit the company’s website at www.cribrecallcenter.com to order a free repair kit.

Parents and caregivers should find a safe, alternative sleep environment for their child until the repair kit, with new safety pegs, is safely installed on the recalled cribs. You can check to see if your crib has been recalled at www.cpsc.gov.

SOURCE: Jere Beasley Report › Delta Enterprise ‘safety peg’ drop-side crib recall to repair

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Felt bicycles recalls adult bicycles

Beasley Allen — Tue, 03 May 2011 19:42:00 +0000

Felt Bicycles, of Irvine, Calif., has recalled about 1,550 2011 Felt Adult bicycles. The bicycles were manufactured by ADK Technology Limited of Guang Dong, China. The bicycle’s fork can break, causing the rider to lose control, fall and suffer injuries. The recall includes all 2011 Felt F3, F4, F5 and F75 bicycles with carbon fiber frames and carbon fiber forks.

The bicycles were sold at bicycle specialty stores nationwide from July 2010 through November 2010 for between about $1,400 and $5,000. Consumers should immediately stop using the recalled bicycles and contact their local Felt Bicycles dealer to receive a free inspection and repair.

SOURCE: Jere Beasley Report › Felt bicycles recalls adult bicycles

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Baja Motorsports recalls dirt bikes

Beasley Allen — Tue, 03 May 2011 19:41:04 +0000

Baja Inc., which does business as Baja Motorsports, of Anderson, S.C., has recalled about 4,300 dirt bikes. Fuel can leak from the fuel tank, posing a fire and burn hazard to consumers. The company says it has received six reports of fires from fuel leakage including one report of minor burns to a consumer’s legs. This recall involves all model DR50 and DR70 Baja dirt bikes with VIN numbers beginning with “L98.” The model number and VIN are located on the product data plate, which is located on the side of the “goose neck” (where the handle bars meet the body of the bike). The dirt bikes were sold at Pep Boys stores nationwide from December 2010 through January 2011 for between $550 and $650. Consumers should immediately stop using the recalled dirt bikes and contact Baja Motorsports to schedule a free repair. For additional information, contact Baja Motorsports toll-free at (888) 863-2252 or visit the company’s website at www.bajamotorsports.com.

SOURCE: Jere Beasley Report › Baja Motorsports recalls dirt bikes

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Rocky Mountain bicycles recalled by procycle

Beasley Allen — Tue, 03 May 2011 19:40:03 +0000

Rocky Mountain Bicycles and Procycle Group, Inc., both of Canada, have recalled about 325 Rocky Mountain Bicycles. The front fork steering tube can break, posing a fall injury hazard. The company has received four reports of injuries, including three reports of cuts and scrapes and one report of a broken wrist. The recalled bicycles have Rocky Mountain Bicycle printed on the frame. Only bicycles with certain serial numbers, located on the bottom side of the bicycle, are included in this recall. The bicycles were sold at bicycle stores and other specialty stores nationwide and on the Web at www.backcountry.com from June 2007 through November 2010 for between $1,300 and $1,700. Consumers should stop using the bicycles immediately and contact Procycle with the serial number to determine if it is included in the recall and to arrange for a free replacement of the fork. For additional information, contact Procycle toll-free at (855) 880-9062, or visit the company’s website at www.bikes.com.

SOURCE: Jere Beasley Report › Rocky Mountain bicycles recalled by procycle

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Suzuki Motor Corp. recalls Quadsport ATVs

Beasley Allen — Tue, 03 May 2011 19:39:07 +0000

Suzuki Motor Corporation has also recalled about 1,350 Suzuki QuadSport ATVs. The distributors of the ATVs include American Suzuki Motor Corp., of Brea, Calif.; Montgomery Motors Ltd., of Honolulu, Hawaii; and Suzuki del Caribe Inc., of Rio Piedras, Puerto Rico. The regulator/rectifier circuit board can fail and cause the engine to stall during riding due to an insufficient battery charge, increasing the risk of a crash. American Suzuki has received 11 reports of regulator/rectifier failure. The company says no injuries have been reported.

This recall affects all 2009 LT-Z400 and LT-Z400Z QuadSport ATVs. The words “QuadSport” and the model number are written on the front left fender of the ATV. The ATVs were sold at Suzuki ATV dealers nationwide from September 2008 through February 2011 for between $6,500 and $6,700. Consumers should immediately stop using these vehicles and contact a local Suzuki ATV dealer to schedule an appointment for a free repair. Consumers with recalled ATVs are being sent a notice directly from Suzuki.

SOURCE: Jere Beasley Report › Suzuki Motor Corp. recalls Quadsport ATVs

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Suzuki Motor Corp. recalls ATVs

Beasley Allen — Tue, 03 May 2011 19:37:28 +0000

The American Suzuki Motor Corp. has recalled 29,000 ATVs due to a fire hazard. The Suzuki KingQuad ATVs were sold nationwide from July 2007 through February 2011 for between $6,600 and $9,500. Some of the all-terrain vehicles’ plastic fuel tanks were made improperly and can develop leaks. The recall involves all 2008-2010 LT-A450X model Suzuki KingQuad ATVs. It also includes all 2009-2010 LT-A500X, 2008-2010 LT-A750X, and 2011 LT-A500X and LT-A750X models made before December 11, 2010. Consumers were advised to stop using the recalled ATVs and contact a Suzuki ATV dealer to schedule a free repair. Consumers can call Suzuki at 800-444-5077 for information or visit the company’s website at www.suzukicycles.com.

SOURCE: Jere Beasley Report › Suzuki Motor Corp. recalls ATVs

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Continental tire recall

Beasley Allen — Tue, 03 May 2011 19:36:29 +0000

Continental Tire is recalling 390,000 truck tires, most of which are used as original tires on 2008-2009 Ford F-250 and F-350 trucks. Continental says about 330,000 of the tires were used on new Ford trucks while the rest were sold as replacement tires. The company says there was a fatal crash involving the tires in January 2011. Continental says some of the tires could experience uneven wear, vibration or separation between the belt edges in cases where the truck is overloaded or the tires are underinflated. The recalled tires are LT275/70R18 125/122S with outline white letters and black sidewall and ContiTrac size LT275/70R18 125/122S with black sidewall, produced between May 2007 and September 2008.

SOURCE: Jere Beasley Report › Continental tire recall

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Jaguar recalls XK and XF models

Beasley Allen — Tue, 03 May 2011 19:35:30 +0000

Luxury car maker Jaguar is recalling certain 2010 XK and XF models to fix a problem that could cause fluid leaks in the engine compartment. The recall includes 6,085 vehicles built from June 27, 2009, through March 10, 2010. In a defect notice filed with the National Highway Traffic Safety Administration, Jaguar says pipes that are part of the power steering system have a zinc-nickel plating that does not meet the company’s standards for corrosion protection. As a result corrosion could eventually lead to pinholes in the pipes that would allow power steering fluid to leak. The loss of fluid would make the car harder to steer and could also cause a fire if it came in contact with a hot surface under the hood. Under the recall, which is expected to begin on or before April 11, dealership technicians will replace the power steering fluid pipes with parts manufactured with the proper level of corrosion protection. The service is free of charge. Owners can contact Jaguar at 1-800-452-4827.

SOURCE: Jere Beasley Report › Jaguar recalls XK and XF models

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Spiders cause Mazda recall in U.S.

Beasley Allen — Tue, 03 May 2011 19:33:32 +0000

Mazda Motor Corp. has recalled 52,000 cars, because of a spider that likes the smell of gasoline so much it chooses to build its webs in car emission systems. The National Highway Safety Commission told Mazda the spider webs may restrict a vent line, which could cause the emissions control system to increase pressure in the fuel tank. The build-up of webs in the emission systems could lead to fuel tank cracks and possible leaks.

The culprit is the Yellow Sac spider, a relatively common type of spider in the U.S., which makes the Mazda6 model of Mazda cars its home because it is lured inside by the smell of the fuel.

The affected model, the Mazda6, known as the Atenza in Japan, has two pipes coming out from its gas tank, which is extremely rare and means that the smell of gasoline is strong enough to draw the spider in but not strong enough to kill it. There was no similar problem with any other Mazda car. As part of the recall, dealers will install a spring to prevent spiders such as the Yellow Sac from entering the vent line.

SOURCE: Jere Beasley Report › Spiders cause Mazda recall in U.S.

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Hyundai recalls Elantras over air bag sensors

Beasley Allen — Tue, 03 May 2011 19:32:43 +0000

Hyundai Motor Co. is recalling Elantra sedans to fix faulty air bag sensors that could cause the front air bag to malfunction. Hyundai says it will issue separate recalls to fix the problem. The first recall covers more than 188,000 Elantras from the 2007 to 2009 model years. Dealers will fix an electrical connector for a sensor that’s designed to deactivate the right front air bag under certain circumstances. The second recall covers nearly 100,000 Elantras from the 2007-2008 model years, that are also covered by the first recall. Dealers will fix a sensor on the seat track of the driver’s side that helps determine whether the air bag should deploy. The recalls will begin this month. Owners can call (800) 633-5151 for more information.

SOURCE: Jere Beasley Report › Hyundai recalls Elantras over air bag sensors

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Chrysler recalls Jeep Wranglers

Beasley Allen — Tue, 03 May 2011 19:31:52 +0000

Chrysler Group LLC has recalled about 20,000 Jeep Wranglers from the 2010-2011 model years due to potentially loose fasteners to the front and rear axles. The issue could cause poor steering and handling or cause the driver to lose control of the vehicle. The Wranglers were built from mid-July 2010 through mid-September 2010. The recall began in mid-March. Dealers will tighten the fasteners. Owners can call Chrysler at (800) 853-1403.

SOURCE: Jere Beasley Report › Chrysler recalls Jeep Wranglers

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Chrysler recalls vehicles due to engine shutoff risk

Beasley Allen — Tue, 03 May 2011 19:25:27 +0000

Chrysler Group LLC has recalled more than 248,000 crossover wagon and minivans because of a defect that could allow the key to slip while driving, causing the engine to shut down without warning. The affected models are the Dodge Journey crossover and the Grand Caravan and Chrysler Town & Country minivans. The vehicles are for the model year 2010 and were made from August 3, 2009 to June 17, 2010. About 3% of the 248,437 recalled vehicles are likely to be affected, Chrysler said in a notice posted on the National Highway Traffic Safety Administration website.

SOURCE: Jere Beasley Report › Chrysler recalls vehicles due to engine shutoff risk

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Toyota recalls SUVS and Trucks

Beasley Allen — Tue, 03 May 2011 19:24:10 +0000

Toyota Motor Corp. has recalled about 22,000 SUVs and trucks to address faulty tire pressure monitoring systems. Toyota’s recall includes some versions of the 2008-2011 Toyota FJ Cruiser, Land Cruiser, Sequoia, Tacoma and Tundra. The systems that monitor the vehicles’ tire pressure did not comply with federal safety standards. Toyota said the systems didn’t illuminate on the dashboard at the minimum activation pressure and needed to be recalibrated. Owners will be notified of the recall at a future date and dealers will fix the tire pressure monitoring system. Owners can call Toyota at (800) 331-4331.

SOURCE: Jere Beasley Report › Toyota recalls SUVS and Trucks

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Honda issues recall to fix possible leaks

Beasley Allen — Tue, 03 May 2011 19:22:56 +0000

Honda is recalling certain 2011 Civic models to check for faulty valves that could allow fuel to leak following a crash. The leaks cause fires and other problems. The recall affects 18,056 vehicles. The cars’ fuel pump assemblies include a part called a roll over valve that is designed to keep fuel from leaking if the car is involved in a roll-over crash. It is possible that the plastic cases that contain the roll over valves may crack or break because of a manufacturing defect. Such a break could cause the valve to fail, allow fuel to leak and increase the risk of a fire. Under the recall, dealers will inspect the fuel pump assembly and replace it if necessary. The service is free of charge. Owners can call Honda customer service at 1-800-999-1009.

SOURCE: Jere Beasley Report › Honda issues recall to fix possible leaks

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Honda recalls Civic hybrids

Beasley Allen — Tue, 03 May 2011 19:18:51 +0000

Honda Motor Co. has recalled more than 35,000 Civic hybrids in the United States to fix a problem with the electrical system that could cause the headlights to turn off or the engine to stall. Honda says its recall covers 2006-2007 model year Civic hybrids. The company said the voltage converter that relays power from the motor assist system to the vehicle’s electrical components could fail. Honda says it has received seven reports of stalling engines and 82 warranty claims connected to the problem. Dealers will replace the voltage converter at no charge.

SOURCE: Jere Beasley Report › Honda recalls Civic hybrids

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GM recalling Cadillac CTS over vehicle handling

Beasley Allen — Tue, 03 May 2011 19:17:32 +0000

General Motors has recalled more than 50,000 Cadillac CTS vehicles worldwide to fix a loose joint that could cause a rear wheel to become unstable, making it hard for drivers to steer. GM says the recall affects more than 44,000 CTS vehicles in the United States from the 2009 and 2010 model years. The remaining vehicles were sold in China and around the globe. GM says there have been no injuries or fatalities related to the recall. The auto company said nuts in the rear suspension could become loose, causing a sudden change in the vehicle’s handling or making the driver lose control of the vehicle. Owners can contact Cadillac at 866-982-2339 for more information.

SOURCE: Jere Beasley Report › GM recalling Cadillac CTS over vehicle handling

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Ford recalls 35,000 Ranger, Edge, MKX, F-Series vehicles

Beasley Allen — Tue, 03 May 2011 19:15:20 +0000

Ford has issued two recalls for a total of about 35,000 pickups and crossovers in North America because of fire risks from fuel leak or electrical problems. The first recall includes about 24,000 2010 Ranger pickups with the 2.3-liter engine to fix fuel line chafing that could cause a leak and fire. Ford also is recalling for a second time more than 9,000 trucks and crossovers to fix a software problem with an electronic body control module that could lead to an electrical short. The recall involves 2011 Ford Edge and Lincoln MKX crossovers and F-150, F-250, F-350, F-450 and F-550 trucks. These vehicles were part of a group first recalled in December to inspect the part.

SOURCE: Jere Beasley Report › Ford recalls 35,000 Ranger, Edge, MKX, F-Series vehicles

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Recalls update

Beasley Allen — Tue, 03 May 2011 19:14:17 +0000

Once again, there has been a large number of product recalls over the past weeks. Unfortunately, as we have pointed out, serious safety-related recalls have become rather commonplace. The following are some of the more significant recalls since those reported in the March issue. Readers are encouraged to contact our firm if more information is needed on any of the recalls. We would also like to know if we have missed any safety recalls that should be included in this issue.

SOURCE: Jere Beasley Report › Recalls update

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Be aware of telephone phishing scams

Beasley Allen — Mon, 02 May 2011 21:01:41 +0000

From time to time we see a rash of what is referred to as “phishing scams” taking place. For the uninformed among us, phishing is a way of attempting to acquire sensitive information such as usernames, passwords and credit card details by masquerading as a trustworthy entity in an electronic communication. Communications purporting to be from popular social web sites, auction sites, online payment processors or IT administrators are commonly used to lure the unsuspecting public. Phishing is typically carried out by e-mail or instant messaging, and it often directs users to enter details at a fake website whose look and feel are almost identical to the legitimate one.

Phishing is an example of social engineering techniques used to fool users, and exploits the poor usability of current web security technologies. Attempts to deal with the growing number of reported phishing incidents include legislation, user training, public awareness, and technical security measures. A phishing technique was described in detail in 1987, and the first recorded use of the term “phishing” was made in 1996. The term is a variant of fishing, probably influenced by phreaking, and alludes to baits used to “catch” financial information and passwords.

For example, a caller might call and demand payment on a past due account and request a credit card or some type of immediate payment. Recently, there were a number of calls to businesses in the Montgomery area with a person claiming to be from AT&T. When these scams occur, do not give the caller any information. You can call the business, such as AT&T, to find out if anybody with the company has called you. AT&T never goes through a third party to contact a customer and that should put the customer on notice of a scam.

SOURCE: Jere Beasley Report › Be aware of telephone phishing scams

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Another win for consumers

Beasley Allen — Mon, 02 May 2011 21:00:04 +0000

The Supreme Court of Louisiana ruled last month that a debt collector can’t enforce an arbitration award without proof that the consumer agreed to arbitration. The ruling overturned the Court of Appeal’s decision in the case. Public Justice lawyers represented the Defendant, William Weaver, in the case.

The debt collector in this case was seeking over $32,000 from Mr. Weaver. After FIA Card Services (FIA) said that it was entitled to collect on the debt, which Mr. Weaver had allegedly incurred on an MBNA credit card, the National Arbitration Forum (NAF) entered an award for FIA in the full amount sought. As a general rule, the winning party in arbitration has up to one year to go to court and “confirm” the arbitration award. But the losing side usually has only 90 days to “vacate it.”

When FIA sought to confirm the arbitration award in court, it provided only a copy of the award from the NAF, and undated, unsigned, barely legible MBNA credit card contracts that contained no mention of either FIA or Mr. Weaver. The NAF’s involvement was also problematic. In 2009, the for-profit NAF was forced to abandon the consumer arbitration business after a scandal broke out. Historically, the NAF was known to side with creditors in almost every case.

A BusinessWeek investigation found that NAF arbitration awards were often pre-printed with the amount to be awarded to the creditor already filled in. Nonetheless, the trial court in Louisiana confirmed the $32,000 against Mr. Weaver. Louisiana’s First Circuit Court of Appeals affirmed, holding that if a creditor seeks confirmation of an arbitration award and the award is not vacated within 90 days, the trial court can do nothing but approve – even if the creditor failed to show that the consumer ever agreed to arbitration.

But many courts around the country had already ruled that the 90-day limit does not matter unless there is a valid arbitration agreement. The high courts of Arkansas, Montana, Kansas and Idaho reversed NAF awards on this exact issue for this reason. Now Louisiana has followed suit, thanks to the good work of Leslie Bailey and Melanie Hirsch, lawyers from Public Justice and their co-counsel – Steve Conley of Covington, La., Bill Cherbonnier of Greta, La., and Garth Ridge of Baton Rouge, La. Mark Moreau, the Legal Director of Southeast Louisiana Legal Services, filed an amicus brief in support of Mr. Weaver. Incidentally, Ms. Hirsch served as a law clerk several years ago for U.S. District Judge Myron Thompson in Montgomery, Ala.

Source: Public Justice

SOURCE: Jere Beasley Report › Another win for consumers

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J&J is warned by the FDA

Beasley Allen — Mon, 02 May 2011 20:02:01 +0000

The FDA has warned Cordis, a unit of Johnson & Johnson, by letter about a failure to ensure that heart devices made at its Puerto Rico plant – such as stents used to prop open arteries – were manufactured with consistency. Specifically, the agency’s inspectors found that Cordis’ procedures did not prevent abnormal products or ensure that its devices met certain specifications.

The FDA uncovered the problems when it inspected the plant in September and October of 2010. Although the company has since said it would take steps to address the issues, agency officials said in the letter that those steps either did not work or did not go far enough. The FDA can seek penalties such as injunctions or fines. J&J’s reputation has been badly tarnished by manufacturing and quality control problems at its plants that have led to a series of recalls of widely-used consumer healthcare medicines. Such products as Tylenol, Rolaids and Motrin, medical devices and other products, including syringes and sutures have been recalled.

SOURCE: Jere Beasley Report › J&J is warned by the FDA

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FDA warns of birth defects with topamax

Beasley Allen — Mon, 02 May 2011 20:01:22 +0000

The U.S. Food and Drug Administration is warning women of child-bearing age that Topamax, which is an epilepsy drug, can increase the risk of birth defects around the mouth. Data collected from a registry of pregnant women showed a higher rate of cleft lip and cleft palate in babies whose mothers were taking the drug during the first trimester, according to the FDA. Infants who were exposed to the drug had a 1.4% rate of mouth defects, which was more than three times greater than that seen with other seizure medications. The frequency of the defects in mothers not taking any epilepsy medication is .07%. Dr. Russell Katz, director of the FDA’s Division of Neurology Products, stated:

Health care professionals should carefully consider the benefits and risks of topiramate when prescribing it to women of child-bearing age. Alternative medications that have a lower risk of birth defects should be considered.

The FDA raised the drug’s pregnancy category to D, which means there is evidence the drug can harm a human fetus, but there are situations where the drug’s benefits to the mother could outweigh its risks. The FDA did not place the drug in “category X,” which means the drug should never be used by women who are or may become pregnant.

Topamax is marketed by Johnson & Johnson to control seizures caused by epilepsy, a neurological disorder that causes excessive nerve signals in the brain. The drug is also used to prevent migraine headaches. Roughly 4.3 million patients filled prescriptions for the drug between 2007 and 2010. J&J and generic companies who market the drug, known as topiramate, will be required to add a stronger warning label about the drug’s effect on pregnancies. Women taking topiramate should talk to their doctor immediately if they are planning to or become pregnant, the FDA said. Oral cleft defects occur when parts of the mouth do not completely fuse together, which can lead to difficulties eating and talking. The problem can usually be successfully treated with surgery that closes the lip or palate.

Source: USA Today

SOURCE: Jere Beasley Report › FDA warns of birth defects with topamax

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The problems at Triad are troubling

Beasley Allen — Mon, 02 May 2011 20:00:11 +0000

Triad’s recent recall of all lots of its alcohol prep pads, wipes and swabs, totaling perhaps hundreds of millions of products sold in the U.S., Canada and Europe, is quite disturbing. At least two lawsuits are pending over use of the pads that caused injury. H&P Industries, doing business as the Triad Group, provides generic medical products sold under private labels of grocery stores such as Safeway and Kroger and drugstores such as CVS and Walgreens.

Documents that have become available reveal that FDA officials expressed concerns following visits to the Triad plant from July 15 to July 17, 2009, and again from April 19 to May 18, 2010. Inspectors reported that the company could not validate the processes used to ensure quality or sterility, not only of alcohol prep pads and wipes, but also for other products used for intimate care. Those include hemorrhoid creams, infant and adult glycerin suppositories and sterile lubricating jelly used in homes, as well as in clinics and hospitals for medical exams.

FDA inspectors cited Triad’s sterilization process for alcohol prep products, questioning dosages of the gamma radiation process that ensures sterility. But, the inspectors said Triad’s processes “may not be adequate to sterilize” the lubricating jelly. They also charged that Triad had failed to address “high microbial bioburden levels” previously detected in the purportedly-sterile jelly. Interestingly, information about the specific type of contamination was redacted in the documents. It appears that while the inspection process was working, neither the company nor FDA followed up to prevent the injuries that may have resulted from these products. The reason for the recalls is quite disturbing since it appears that both Triad and the FDA dropped the ball. The conditions discovered are alarming and point to a serious safety concern at Triad. Interestingly, the FDA has defended its delay in dealing with the safety issues at Triad.

Source: MSNBC

SOURCE: Jere Beasley Report › The problems at Triad are troubling

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New product safety database under scrutiny

Beasley Allen — Mon, 02 May 2011 19:58:55 +0000

The formal launch of the government database SaferProducts.gov took place on March 11^th. As we previously reported, this is a place where folks can share complaints of injury or worse from everyday products such as cribs, high chairs, space heaters, toasters, and many others. But as expected, the database, overseen by the Consumer Product Safety Commission, isn’t universally popular. Some manufacturers and a few members of Congress claim that such a “crowd-sourced” website will be bloated with bogus, inaccurate or misleading reports. I predict that the attacks on the database will intensify over the next few months.

SOURCE: Jere Beasley Report › New product safety database under scrutiny

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Most recalled medical devices were fast-tracked by the FDA

Beasley Allen — Mon, 02 May 2011 19:57:51 +0000

We have written in prior issues about the fast-track process employed by the FDA relating to new drug approvals. We have said consistently that the process was being badly abused. It’s now being reported that the vast majority of medical devices recalled over a five-year period were either approved through the fast-track process, or were exempt from any FDA regulation, according to a study published in the Archives of Internal Medicine. According to the study, of the 113 medical devices recalled from 2005 through 2009 due to the risk of serious health problems or death, 80 were cleared through the 510(k) approval process. That is the fast track approach usually reserved for lower-risk medical products. Eight were exempt from FDA approval. Only 21 of the 113 devices had been approved through the full premarket approval process, the study found.

The report from the study stated that the findings “suggest that reform of the regulatory process is needed to ensure the safety of medical devices.” Most of the recalled devices – about 35% – were cardiovascular devices, according to the study. Two-thirds of the recalled cardiovascular devices were cleared by the fast-track process. The FDA’s 510(k) process has come under increased fire after critical medical journal reports, testimony before Congress and statements by public health advocates. These critiques led the FDA to announce earlier this year that it would implement changes to its process of reviewing devices deemed low risk before they go to market. The changes are designed to address some of the 55 recommendations made by two internal working groups set up by the agency. The groups found that the process for 510(k) review was unpredictable, inconsistent and opaque. There should be little doubt that the fast track process has been abused and should be changed by Congress if the FDA is unable to make the necessary changes on its own.

Source: Lawyers USA Online

SOURCE: Jere Beasley Report › Most recalled medical devices were fast-tracked by the FDA

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Concerns raised about Pool and Spa drain cover testing and entrapment risks

Beasley Allen — Mon, 02 May 2011 19:56:33 +0000

The U.S. Consumer Product Safety Commission is conducting an investigation into the safety of pool and spa drain covers and the adequacy of testing procedures used to determine the flow rating of these covers. The investigation has revealed that the testing protocols used by some laboratories may have been improper. As a result, some covers certified by these laboratories may not comply with the Virginia Graeme Baker Pool and Spa Safety Act, hereinafter referred to as “The Act.” Pool and spa drains that use covers certified with inaccurate flow ratings may fail to prevent the hidden hazard of a drain entrapment.

As part of its investigation, the CPSC approved the issuance of subpoenas to three of the laboratories that tested pool and spa drain covers seeking information related to their protocols, the types of covers tested, and results of their testing. The CPSC received more than 17,000 pages of documents from these laboratories in response to the subpoenas, which the agency staff continues to analyze. The CPSC is working to ensure that the public is not endangered by unsafe drain covers in pools and spas. As a result, CPSC staff will conduct a public meeting on April 5^th, to solicit answers from testing laboratories, drain cover manufacturers and other industry representatives regarding how the testing was conducted, the potential impact on consumer safety, and what changes are being made to the testing procedures. The CPSC is undertaking this effort in order to identify covers that have improper ratings and provide important safety information about drain covers to the public by Memorial Day weekend.

Gravity drainage systems and large, unblockable drain covers are not part of this investigation. The CPSC urges pool and spa owners to contact their service providers and product manufacturers for additional information on the testing and certification of drain covers. Heightened caution should always be exercised by pool operators, parents and caregivers in keeping children away from pool and spa drains and other openings. The risk to swimmers from a non-compliant drain cover is greatest in shallow kiddie pools, wading pools, or pools or spas with single main drain systems.

The Act was passed by Congress in December 2007 and went into effect in December 2008. Since then all public pools and spas have been required to install new anti-entrapment drain covers and other secondary devices or systems, on single blockable drain systems, in order to be compliant with the law. Residential pools may have made these changes as recommended by their pool service operator and any newly-constructed pools or spas since early 2009 should also have these new covers.

Source: CPSC Release

SOURCE: Jere Beasley Report › Concerns raised about Pool and Spa drain cover testing and entrapment risks

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ADEM budget cuts may prove catastropohic

Beasley Allen — Mon, 02 May 2011 19:54:26 +0000

The Alabama Department of Environmental Management is facing significant state and federal budget cuts over the next two years. This is a most serious matter and the cuts could undermine the agency’s ability to staff and manage some of its federally-required programs. In late February, ADEM Director Lance LeFleur reported to the Environmental Management Commission (EMC) that the Governor’s office might be forced to cut the agency’s current budget by 15% and its 2012 budget by 20% to 25%.

ADEM gets about half of its budget from the federal government, and Lance said he expected a cut in that revenue stream, as well. Under President Obama’s budget proposal, the U.S. Environmental Protection Agency faces a 13% cut, a reduction that is likely to filter down to the state level.

Director LeFleur also informed the EMC that the cuts are “potentially catastrophic,” especially considering that ADEM’s budget is at the same level it was 20 years ago. During that same 20-year time frame, the regulatory responsibilities that the EPA has placed on ADEM have greatly increased. He said the agency is focusing on preserving core functions that protect public health and is looking for more ways to streamline operations through automation. The department is working on a web-based system for people to report environmental problems and is working with regulated industries to have monitoring reports submitted electronically.

Despite these efforts, the latest cuts to ADEM’s budget could possibly lead to an EPA takeover of one or more of the critical federal programs that the state agency currently administers. While a federal takeover is extremely rare, EPA has threatened ADEM with this kind of move in the past – and may well carry through on its threats if ADEM can’t demonstrate that it has the personnel or funds to do the job. Hopefully, the Governor and legislators will find a way to keep that from happening.

If you need additional information on this matter, contact David Byrne, a lawyer in our Toxic Torts Section, at 800-898-2034 or by email at David.Byrne@beasleyallen.com.

SOURCE: Jere Beasley Report › ADEM budget cuts may prove catastropohic

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Company faces $300 million penalty in Pennsylvania pollution suit

Beasley Allen — Mon, 02 May 2011 19:52:54 +0000

GenOn Northeast Management Co. was found to be liable for fouling the Conemaugh River with metal discharges from a power plant in Indiana County since 2005 by a federal magistrate. This could result in a maximum civil penalty of more than $300 million being levied. U.S. Magistrate Judge Robert Mitchell must still decide what penalty to impose. David Masur, the director of PennEnvironment which filed the citizen lawsuit in 2007 along with the Sierra Club, observed:

Now we have to do the main part of what we’ve been trying to and that is to get the company to comply with the law after years of litigation. We need compliance, we need to make sure companies aren’t making money or that there’s a financial incentive to break the law.

According to Josh Kratka, senior attorney for the National Environmental Law Center, which helped filed the suit, there are two specific issues which remain to be settled at a trial scheduled to start June 1^st before Judge Mitchell: How big will the civil penalty be, and what kind of court order must the judge issue to ensure that GenOn complies with federal anti-pollution laws?

GenOn Northeast is a wholly-owned subsidiary of GenOn Energy Inc. of Houston, which owns 16.5% of the Conemaugh Generating Station in West Wheatfield Township about 50 miles east of Pittsburgh. GenOn Northeast operates the coal-fired power plant on behalf of its parent and seven other owners. The lawsuit was filed in April 2007 when Reliant Energy Inc. still controlled the plant. Reliant last year merged with another power company, Mirant, to create GenOn Energy.

Source: Insurance Journal

SOURCE: Jere Beasley Report › Company faces $300 million penalty in Pennsylvania pollution suit

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TVA fined $450,000 for clean air act violations

Beasley Allen — Mon, 02 May 2011 19:47:31 +0000

The Tennessee Valley Authority has been fined $450,000 as a civil penalty for violating the Clean Air Act at the Widows Creek Fossil Plant in northeast Alabama. In a statement, the EPA said TVA agreed to the penalty to resolve allegations related to emissions of sulfur dioxide and nitrogen oxide. The emissions happened in 2003 and were traced to problems with ducts when TVA installed a system to reduce emissions. Martocci said all the duct work was replaced in 2005.

Source: Montgomery Advertiser

SOURCE: Jere Beasley Report › TVA fined $450,000 for clean air act violations

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Clean air lawsuit against Alabama power dismissed

Beasley Allen — Mon, 02 May 2011 19:37:45 +0000

A federal judge in Birmingham has dismissed a decade-old lawsuit against Alabama Power Co. The suit claimed the amount of air pollution coming from five of the company’s coal-fired power plants increased after modifications were made to the plants. U.S. District Court Judge Virginia Hopkins entered her order on March 14^th. In the order, the judge wrote that in a teleconference in January with all sides, she had said that she could grant a summary judgment to all claims if there was no admissible evidence as to net emissions increases from the plants.

Judge Hopkins ruled that information about the increase in pollutants from the plants provided by two expert witnesses for the federal government was not admissible in the case. Alabama Power had maintained from the start that its activities were always in full compliance with the federal Clean Air Act. The ruling by Judge Hopkins rejected the EPA’s claims and also its methods for determining whether power plant maintenance projects trigger an obligation to get a new clean air permit. The order also supports the position that electric utilities can do routine maintenance and repairs on their coal-fired generating units without violating EPA’s “New Source Review” regulations.

Source: AL.com

SOURCE: Jere Beasley Report › Clean air lawsuit against Alabama power dismissed

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EPA pushes for new pollution standards

Beasley Allen — Mon, 02 May 2011 18:53:28 +0000

The Environmental Protection Agency has proposed new limits on the pollutants that coal-fired power plants emit, long-awaited regulations that health advocates said would clear the air and save lives. Eventually, the Power Plant Mercury and Air Toxic Standards would prevent 91% of the mercury contained in coal from escaping into the air when it is burned, according to the EPA. EPA Administrator Lisa Jackson said in a news conference last month in Washington:

Today’s announcement is 20 years in the making and is a milestone in the Clean Air Act’s already unprecedented record of defending the health of American families. With the help of existing technologies we will be able to take reasonable steps to protect our children and loved ones and prevent premature deaths, heart attacks and asthma cases.

The rule Administrator Jackson signed has a 60-day comment period before it becomes final, and the industry would have up to four years after that to install the pollution control devices. Mercury and other toxic air pollutants from coal- and oil-fired power plants can cause neurological damage in children, and certain metals have been linked to cancer. Leaders of the American Lung Association and the American Academy of Pediatrics endorsed the new EPA rule and appeared in support of Administrator Jackson and the EPA during the announcement.

About 400 coal plants around the country release 386,000 tons of toxic pollutants each year. “The message to the nation’s electric power companies is, ‘Start now,’” said Charles Connor, president and CEO of the American Lung Association. He added: “I can assure you no one will complain if the air gets cleaner faster.” The EPA estimates that more than half of the nation’s coal plants already have installed some form of pollution control device. It should be noted that complying with the new rule is estimated to cost the power industry $10.9 billion.

Source: AL.com

SOURCE: Jere Beasley Report › EPA pushes for new pollution standards

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Clean air in this country is worth fighting for

Beasley Allen — Mon, 02 May 2011 18:50:59 +0000

There have been constant battles over the past 40 years, especially during the years of the Bush Administration, over the amount of pollutants that could be put in the air in this country. Unfortunately, these battles have carried over into the Obama Administration. It’s a never ending battle, and there is one thing for sure, the polluters never give up. It might be good for us to take a look at the evolution of the Clean Air Act.

The first Clean Air Act was passed by Congress in 1963. While this legislation was not very strong, at least it was a step in the right direction. The first legislation of any real consequence was passed in 1970. That Act was designed to affect our lives in a positive manner and to protect our health and that of future generations. Since 1970, we have come a long way, certainly too far to go back to the days of filthy, dangerous contaminated air. The EPA will reassess the current standard for concentration of ozone in the outside air – now set at 75 parts per billion (ppb) – and the agency has the power and authority to affect tens of thousands of lives.

The EPA can either reduce the standard, increase it, or leave it as is. For example, if the EPA reduced the standard to 70 ppb, that would save up to 4,300 lives per year, avoid 6,700 hospital visits and 23,000 asthma attacks. But the EPA is under constant and tremendous pressure to relax the standards and that threatens the very air we breathe. There is currently legislation being pushed in Congress that would virtually cripple the EPA. The public must be informed and must fight to protect public health and safety.

The original Clean Air Act of 1963 established funding for the study and the cleanup of air pollution. But there was no comprehensive federal response to address air pollution until Congress passed the 1970 Act. Congress created the EPA during that same year and gave it the primary role in carrying out the newly-passed law. Since 1970, EPA has been responsible for a variety of Clean Air Act programs to reduce air pollution nationwide. Congress dramatically revised and expanded the Clean Air Act in 1990, providing EPA even broader authority to implement and enforce regulations reducing air pollutant emissions. The 1990 Amendments also placed an increased emphasis on more cost-effective approaches to reduce air pollution.

As most of our readers will likely know, the Clean Air Act covers the entire country. Even so, states, tribes and local governments do a lot of the work to meet the Act’s requirements. For example, representatives from these agencies work with companies to reduce air pollution. They also review and approve permit applications for industries or chemical processes. The EPA sets limits on certain air pollutants, including setting limits on how much can be in the air anywhere in the United States. In theory this should help to ensure basic health and environmental protection from air pollution for all Americans. The Clean Air Act also gives the EPA the authority to limit emissions of air pollutants coming from sources such as chemical plants, utilities, and steel mills. Individual states or tribes can have stronger air pollution laws, but they can’t have weaker pollution limits than those set by EPA. The key to the effectiveness of the Clean Air Act is strong, but fair, enforcement.

The EPA must approve state, tribal, and local agency plans for reducing air pollution. If a plan fails to meet the necessary requirements, the EPA can issue sanctions against the state. If necessary, the federal agency can take over enforcing the Clean Air Act in that area. The EPA assists state, tribal, and local agencies by providing research, expert studies, engineering designs, and funding to support clean air progress. Since 1970, Congress and the EPA have provided several billion dollars to the states, local agencies, and tribal nations to accomplish this.

In theory, it seems logical for state and local air pollution agencies to take the lead in carrying out the Clean Air Act. They should be able to develop solutions for pollution problems because of their special understanding of local industries, geography, housing, and travel patterns. State, local, and tribal governments also monitor air quality, inspect facilities under their jurisdictions and enforce Clean Air Act regulations. States have to develop State Implementation Plans (SIPs) that outline how each state will control air pollution under the Clean Air Act. A SIP is a collection of the regulations, programs and policies that a state will use to clean up polluted areas. The states are required to involve the public and industries through hearings and opportunities to comment on the development of each state plan.

Hopefully, the American people won’t let Congress take us back to the conditions that existed prior to 1970. We have made progress – although a great deal remains to be done – and we certainly can’t afford to lose ground. In fact, we need to increase our efforts and work to make our country healthier and safer.

Source: The EPA

SOURCE: Jere Beasley Report › Clean air in this country is worth fighting for

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FDA crack down on untested cold medicines

Beasley Allen — Mon, 02 May 2011 18:49:39 +0000

The Food and Drug Administration will remove roughly 500 unapproved cold and allergy medications from the market as part of an ongoing crackdown on ineffective prescription drugs. The FDA requires companies to submit all new prescription drugs for scientific review before they are launched. But thousands of drugs actually predate the FDA’s drug regulations and as a result have escaped scrutiny for decades.

Most of the drugs targeted by the latest action are pills using untested combinations of decongestant and cough-suppressing ingredients. Since most Americans buy their cold medicines over the counter, the prescription medicines cited by the FDA represent a small portion of the market. Deborah Autor, director of the FDA’s Office of Compliance, observed: “We don’t expect today’s action to have a negative impact on consumers. There are multiple other products available to treat cold, cough and allergy symptoms.”

The FDA said manufacturers who have not registered their products with the agency must halt production and shipments immediately. Among the drugs listed by the FDA are products like Pediahist, a cold formula labeled for patients as young as one month old. FDA regulations do not recommend cold medicines for any children under age two. Other drugs combine two varieties of the same ingredient, such as the allergy-reliever antihistamine. Regulators called such combinations “irrational,” and warned that they could cause excessive drowsiness.

The FDA says that doctors may not realize they are prescribing unapproved drugs because the products are often labeled just like FDA-approved products. It wasn’t until 1962 that Congress ordered the FDA to review all new medications for effectiveness. Thousands of drugs already on the market were supposed to be evaluated over time. But some manufacturers claimed their medications were grandfathered under earlier laws.

The FDA began its latest crackdown on unapproved drugs in 2006 and has taken action against 17 types of medications and dozens of companies. Typically, the agency orders manufacturers to stop making and shipping drugs. The FDA also has seized millions of dollars’ worth of medications. But federal law does not call for fines for selling unapproved drugs, and criminal prosecutions are rare.

Source: USA Today

SOURCE: Jere Beasley Report › FDA crack down on untested cold medicines

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Cadmium in jewelry for children is a poison risk

Beasley Allen — Mon, 02 May 2011 18:48:31 +0000

It has been reported that children can be exposed to as much as 100 times the recommended limit of cadmium when they mouth or accidentally swallow inexpensive jewelry. Canadian and U.S. product safety authorities are now investigating the presence of cadmium in children’s jewelry imported from China. This came about due to an Associated Press investigation in January. AP found that some Chinese manufacturers have been substituting cadmium for lead in cheap charm bracelets and pendants being sold throughout the United States and possibly Canada.

As we have previously reported, cadmium, a heavy metal, can cause kidney, bone, lung, and liver disease. Due to the fact that cadmium can accumulate in the body, all exposures should be avoided. Researchers tested 92 pieces of cadmium-containing jewelry, and found a football pendant and a heart charm, for example, would expose children to 100 times the recommended limit on cadmium had they been swallowed. The study found that these results “indicate the potential for dangerous cadmium exposures to children who wear, mouth, or accidentally swallow high-cadmium jewelry items.”

You can get more information from a recent online issue of the journal Environmental Health Perspectives. Scientists also did separate tests to mimic normal use by children that could scratch or damage the outer coating on the jewels. In those cases, the risk of exposure grew. For example, six damaged charms in the shape of sandals yielded 30 times as much cadmium as undamaged charms.

The study’s lead author, Jeffrey Weidenhamer, a chemistry professor at Ashland University in Ohio, said he hopes the potential hazards of cadmium-laden jewelry will be taken seriously since the amounts of cadmium were “extraordinarily high and clearly dangerous if these items were mouthed or swallowed by children.”

Cadmium is a particular concern because it accumulates in the body over our lifetime, according to the researchers. The digestive systems of children are also more efficient at absorbing cadmium. It’s impossible for parents to tell which items contain cadmium because it is not identified on the product. The study tested cadmium-laden jewelry, mostly charms and necklace pendants labeled for children and imported mainly from China. Most sold for less than $5 each and were bought in 2009 and 2010. Agencies around the world, including the World Health Organization, are working to regulate the use and disposal of the heavy metal. The study was funded in part by a grant from the Dr. Scholl Foundation.

Source: cbc.ca

SOURCE: Jere Beasley Report › Cadmium in jewelry for children is a poison risk

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Government agrees to pay $3.25 million for 2008 fatal crash

Beasley Allen — Mon, 02 May 2011 18:47:02 +0000

The federal government has agreed to pay more than $3 million to settle a lawsuit filed over a crash in Michigan that killed a man and his daughter. Dan Long and his daughter Emily were killed when their van was hit by a vehicle driven by a deputy U.S. marshal in 2008. The 43-year-old father and his five-year-old daughter were on their way to kindergarten at a school in Frankenmuth, Mich. The $3.25 million settlement has received court approval. David Hoffman, a lawyer from Saginaw, Mich., represented the family and did a very god job.

Source: Chicago Tribune

SOURCE: Jere Beasley Report › Government agrees to pay $3.25 million for 2008 fatal crash

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FAA sued in Medevac helicopter crash

Beasley Allen — Mon, 02 May 2011 18:45:33 +0000

The mother of a victim in the September 2008 Maryland State Police helicopter crash that killed four people near Andrews Air Force Base has filed suit against the Federal Aviation Administration. It was alleged that the agency’s air traffic controllers gave the pilot inaccurate weather information. The suit filed in U.S. District Court in Greenbelt by Stephanie D. Younger, mother of crash victim Ashley Younger, is expected to be the last of several filed against the FAA. The state of Maryland is among those who have sued the agency.

At the time of the crash, 17-year-old Ashley Younger was being transported to Prince George’s Hospital Center for treatment of injuries she received in an automobile crash on the night of September 27, 2008. The helicopter, known as Trooper 2, crashed in rainy weather, killing the pilot, a paramedic and an emergency medical technician in addition to the teenager. The National Transportation Safety Board concluded that the primary cause of the crash was the pilot’s decision to make a rapid descent and his misjudgment of weather conditions before he took off. But the Board also criticized the performance of FAA air traffic controllers at Ronald Reagan Washington National Airport and Andrews.

The lawsuit alleges that the controllers were unresponsive and inattentive after the pilot told them he had encountered deteriorating weather conditions that were preventing him from continuing the flight to the hospital. The suit also alleges that controllers gave the pilot outdated weather information that exaggerated the level of visibility as Bunker attempted an emergency landing at Andrews. In response to a previous suit brought by the widow of paramedic Mickey Lippy, the department blamed the pilot’s actions as the cause of the crash.

Cara J. Luther, who is with Baua, Hedlund, Anistei & Goldman, located in Los Angeles, is the Plaintiff’s lead lawyer in this case. According to Ms. Luther, Stephanie Younger, who represents her daughter’s estate, is the last of those who filed the required claims against the government to file suit.

Source: Baltimore Sun

SOURCE: Jere Beasley Report › FAA sued in Medevac helicopter crash

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$3 million jury award in pedestrian death

Beasley Allen — Mon, 02 May 2011 18:43:12 +0000

A circuit court civil jury in Prince George’s County awarded $3.3 million recently to relatives of a woman killed by a motorist as she walked on a stretch of a city street, Pennsylvania Avenue, that did not have a sidewalk or guard rails. The section of street where the incident occurred was maintained by the State of Maryland. The jury found the State of Maryland liable in the wrongful death lawsuit, and awarded $2.5 million to Kayla Martin, the daughter of Ms. Kelay Smith, who was struck and killed by a motorist on August 12, 2008. Kayla was two years old at the time of the accident.

Ms. Smith was walking along the street when a car veered onto the shoulder and struck her and Derrick Jones, who died at the scene. Ms. Smith, who was five months pregnant at the time, died at a hospital. So did her unborn child. On the block where Ms. Smith and Mr. Jones were walking, there is a sidewalk at both ends of the street – but also a gap of about 200 feet where there is no sidewalk or guard rails. The two victims were struck as they walked along that section. It was argued that state officials should have provided a sidewalk, guard rails, or a combination of the two, to improve safety for pedestrians. In addition to the award for Kayla, the jury also awarded $800,000 to Vicki Muhammad, Ms. Smith’s mother. Terrell N. Roberts III, a lawyer from Riverdale, Md. represented Ms. Smith’s family in the lawsuit and did a very good job.

Source: Washington Post

SOURCE: Jere Beasley Report › $3 million jury award in pedestrian death

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Couple awarded $5.7 million in utility-truck crash suit

Beasley Allen — Mon, 02 May 2011 18:41:06 +0000

A jury in California has awarded a couple $5.7 million in a lawsuit arising out of an incident that occurred about two years ago. The couple’s family van had been rear-ended by a Southern California Edison truck in a snowstorm. The jurors awarded Manuel Ornelas nearly $160,000 for his current medical bills and lost wages, and $1.2 million for future medical bills and lost wages. The jurors also awarded $4.16 million for past and future physical pain and emotional suffering. His wife, Corina Ornelas, was awarded $2,426 for medical bills and $200,000 for emotional suffering and for loss of consortium.

Back in January, 2009, Manuel Ornelas had stopped his van safely in an appropriate area to install snow chains. The 10,000-pound Edison truck rear-ended his van, causing Mr. Ornelas to suffer severe injuries to his back and pelvis. The driver of the truck, who was 23 years old, was found to be driving too fast for the dangerous conditions. He had passed several signs that read, “Chains required,” which could have had an effect on the verdict. As a result of the crash, Mr. Ornelas, an engineer for the California Department of Transportation, is in constant and intense pain and is unable to work. According to testimony at trial, the former marathon runner now needs a cane to walk. He can’t control his bowels and can’t sit for long periods of time. Doing simple things such as picking up his children are no longer possible for this man.

Southern California Edison made an initial $1.7 million offer of settlement prior to the trial. But as the trial progressed – especially after the testimony of several medical experts – the offer was increased to $5 million. The Plaintiffs rejected that offer and let the jury decide the value of the claims. Patrick Toole and Richard C. Watters, lawyers with two firms in Fresno, Calif., represented the Plaintiff and they did a very good job.

Source: fresnobee.com

SOURCE: Jere Beasley Report › Couple awarded $5.7 million in utility-truck crash suit

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Japanese family in 2010 Utah crash sues travel companies

Beasley Allen — Mon, 02 May 2011 18:37:54 +0000

The parents of a Japanese man killed in a van crash that claimed the lives of three tourists and injured 11 others last summer, have filed a wrongful death lawsuit against the van’s driver and several travel companies. In the lawsuit filed in state court, Hideo and Akemi Hayase allege that an inexperienced driver tried to mask fatigue with energy drinks and caffeine gum before falling asleep and causing the crash near Cedar City on August 9^th, that killed 20-year-old Hiroki Hayase.

Hideo and Akemi Hayase and their 14-year-old daughter, Mariko, were seriously injured in the crash. They were in a tour van on its way to Bryce Canyon National Park when it rolled on an interstate highway. The lawsuit seeks damages against the driver, Yasushi Mikuni, and two Utah companies, Canyon Transportation Inc. and Western Leisure Inc., for hiring a driver with “less than two months experience” and for not having the requisite commercial liability insurance. The suit also names a Japanese travel agency as a Defendant for failing to make sure the Utah companies were properly insured.

Source: sltrib.com

SOURCE: Jere Beasley Report › Japanese family in 2010 Utah crash sues travel companies

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15 killed in tour bus accident in New York

Beasley Allen — Mon, 02 May 2011 18:35:06 +0000

Fifteen people died in a tour bus crash in New York last month. At the time, the tour bus was returning from a casino when it overturned on the New England Thruway at about 5:30 a.m. on March 12^th. The Worldwide Tour bus skidded on its side into a sign pole on the southbound side of Interstate 95. The sign post sheared off the top of the bus along the window line, nearly two-thirds the length of the vehicle. The bus was transporting over 30 passengers. In addition to the 15 fatalities, several other passengers were severely injured.

It has been learned that the driver of the bus has a criminal history that includes manslaughter and theft convictions. He was convicted of manslaughter for his role in a 1990 stabbing and served over two years in prison. The driver had also served about three years for grand larceny in October 1997. The man used aliases in both those cases. He had been a bus driver and was also arrested for driving without a license and having three police scanners in 2003. Does this sound like a man who should be driving a bus hired out to the public?

Alcohol and drug test results for the driver were pending at press time. An accident reconstruction team and the National Transportation Safety Board are now attempting to determine the cause of the accident and the speed of the bus prior to the incident. Federal Motor Carrier Safety Administration records listed World Wide Travel as having at least two other accidents in which people were injured in the past 24 months. The agency flagged the company for possible extra scrutiny due to violations involving driver fatigue regulations.

As expected, the investigation is focusing on the driver. His story was that his tour bus was clipped by a tractor-trailer, causing him to lose control. But that story has been contradicted by passengers and witnesses who saw the driver driving erratically before the crash. This was a tragedy involving the loss of 15 lives that could have been avoided!

Source: AL.com

SOURCE: Jere Beasley Report › 15 killed in tour bus accident in New York

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Proposed trucking hours of service rules not adequate to safeguard roads

Beasley Allen — Mon, 02 May 2011 18:33:35 +0000

The proposed rules for commercial truck drivers will not provide the adequate level of protection needed to prevent driver fatigue. The Federal Motor Carrier Safety Administration (FMCSA) has recommended a ten-hour driving time limit, but indicated they are open to maintaining the current 11-hour requirement. The American Association for Justice (AAJ) submitted comments last month opposing the change.

Every year more than 4,000 people are killed in accidents involving trucks, according to the FMCSA. According to the National Transportation Safety Board, driver fatigue is a factor in 30% to 40% of these crashes. In fact, research shows the risk of a crash increases twofold after eight hours of consecutive driving, and driver fatigue is the leading contributing factor in truck driver deaths from crashes. Driver fatigue puts not only the truck driver workforce at risk, but also other passengers who share the road.

My law partner, Gibson Vance, who is president of AAJ, believes “ensuring our roads are safe should be the FMCSA’s top priority,” and I certainly agree with him. AAJ also opposes FMCSA’s proposed 34-hour restart period, which would allow truck drivers to bypass the 60/70-hour duty limit. This 34-hour restart period cannot ensure a truck driver receives proper rest. AAJ recommends that the FMCSA mandate a 48-hour restart requirement to provide commercial truck drivers with greater rest and recovery time after working long hours. It would also shorten the work week, meaning less-fatigued drivers and safer highways. If you would like additional information on any of the above, contact Gibson Vance or Ben Baker, both of whom are lawyers in our firm, at 800-898-2034 or by email at Gibson.Vance@beasleyallen.com or Ben.Baker@beasleyallen.com.

Source: AAJ

SOURCE: Jere Beasley Report › Proposed trucking hours of service rules not adequate to safeguard roads

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Notre Dame faulted in football-related death

Beasley Allen — Mon, 02 May 2011 18:30:35 +0000

The University of Notre Dame has been cited for violating Indiana safety laws when a student employee fell to his death in October. The student, who was working for the school, was ordered to videotape a football practice from a scissor lift during a wind storm. A four-month investigation by the Indiana Department of Labor concluded that an unidentified athletic-department supervisor knowingly placed at risk the life of the student, Declan Sullivan, by instructing him to ascend 35 feet in the lift amid wind gusts the National Weather Service had warned could reach 60 miles per hour.

The student, who was 20 years old, stood on top of the lift in strong winds on the afternoon of October 27^th. He was obviously scared since he sent Tweets to friends expressing fear for his life. Minutes after sending the message, the lift collapsed. Two other students who had been dispatched on top of separate lifts quickly came down following the incident. The investigation found evidence that overwhelmingly demonstrated the University had made “a decision to utilize its scissor lifts in known adverse weather conditions.” Lori Torres, a state Department of Labor commissioner, described the “knowing citation” issued against Notre Dame as “the most serious safety violation.”

Notre Dame was charged with six safety violations and was fined a total of $77,500. In a statement, Notre Dame President John I. Jenkins reiterated his concession of last November that “we failed to keep [Declan Sullivan] safe, and for that we remain profoundly sorry.” The state investigation found that University officials had failed to service the lifts, train students who used them and follow safety instructions, including keeping operating manuals aboard. Barry and Alison Sullivan, the parents of the student who was killed, expressed the hope that other schools would follow Notre Dame’s lead in halting use of the hydraulic lifts.

Source: Wall Street Journal

SOURCE: Jere Beasley Report › Notre Dame faulted in football-related death

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Wrongful death suits filed against Massey over West Virginia mine blast

Beasley Allen — Mon, 02 May 2011 18:29:35 +0000

The families of two coal miners killed in the Upper Big Branch mine blast in West Virginia last year have filed wrongful death lawsuits against the mine’s owner, Massey Energy Co., saying it was a “catastrophe waiting to happen.” The suits were filed a week after Massey’s head of security at the West Virginia mine was charged with impeding investigators probing the April 5, 2010, explosion that killed 29 miners in the worst U.S. mine accident in four decades.

The families of Joe Marcum and Adam Morgan, who died in the explosion, are seeking compensatory and punitive damages as a result of “the willful, wanton and recklessly unsafe manner” in which Massey operated the mine. The Complaints allege Massey had “an abysmal safety record” and the number of federal safety violations more than doubled between 2008 and 2009 – something then-Chief Executive Officer Don Blankenship was aware of.

The suits were filed in the circuit court in Boone County, W.V. A third suit was filed on behalf of Stanley Stewart, a miner who survived the explosion. The final report by the federal Mine Safety and Health Administration (MSHA) is not expected until later this year, but preliminary findings indicate the mine was not properly treated with crushed limestone to control buildup of explosive coal dust.

The suits also note preliminary findings that water spray nozzles on mining equipment were not operating properly to prevent sparks and reduce coal dust. Two separate suits were filed soon after the blast. Massey reached settlements with seven families of victims. Apparently, according to my information, Massey has offered $3 million to settle any claims against the company. As a matter of interest, Alpha Natural Resources has agreed to acquire Massey and the deal is expected to close in mid-year. The latest suits were filed against Massey and its subsidiary, Performance Coal, which operated Upper Big Branch.

The Complaints note that prior to the explosion, the mine was cited by MSHA 38 times for mine ventilation violations and 37 times for unsafe accumulations of combustible materials (coal dust). It’s alleged that “with the number of mine safety violations which existed and had been allowed to exist … the Upper Big Branch mine was a catastrophe waiting to happen.” Tim Bailey, a lawyer with Bucci, Bailey, & Jarris, located in Charleston, W.V., represents the Plaintiffs in this matter.

Source: Insurance Journal

SOURCE: Jere Beasley Report › Wrongful death suits filed against Massey over West Virginia mine blast

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Alabama plant fined $52,500 for Ammonia leak

Beasley Allen — Mon, 02 May 2011 18:25:21 +0000

A Mobile-area chicken plant was cited last month for 16 alleged health and safety violations and fined $52,500 for an ammonia leak that sent more than 150 people to hospitals last summer and negatively affected area residents. The U.S. Department of Labor’s Occupational Safety and Health Administration announced the citations against the Omaha, Neb.-based Millard Refrigerated Services Inc., which operates a plant along an industrial canal in Theodore that freezes and ships chicken.

Anhydrous ammonia, which is used as a refrigerant, leaked out of a 12-inch pipe on the roof of the facility in August. The vapors sickened workers at the Millard plant and at a site across the canal that was being used during the cleanup of the BP oil spill. According to OSHA, Millard failed to properly:

analyze past incidents involving hazardous chemicals.

ensure a safe and timely emergency shutdown.

train workers in management of highly-hazardous chemicals and emergency respirators.

investigate what contributed to an incident “that could have resulted in a catastrophic event.”

OSHA says that it inspected the Millard plant in Theodore in January 2007 and issued citations for safety violations. In 2008, according to OSHA, similar violations also were cited at Millard’s North Carolina plant.

Source: Montgomery Advertiser

SOURCE: Jere Beasley Report › Alabama plant fined $52,500 for Ammonia leak

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Deadly Redstone arsenal explosion caused by safety lapse

Beasley Allen — Mon, 02 May 2011 18:23:31 +0000

An investigation by Redstone Arsenal into the May 2010 explosion that killed two contractors blames Amtec Corp. for using unsuitable equipment and not developing adequate safety procedures for its use. The investigation determined that Amtec “exercised poor safety discipline” in its work with a rocket fuel component. The explosion that killed the two Amtec contractors, Jim Hawke and Jerry Grimes, involved attempts to remove ammonium perchlorate, a oxidizer used in solid rocket propellant, from weapons. The explosion killed the two men and destroyed a building on the premises.

Source: AL.com

SOURCE: Jere Beasley Report › Deadly Redstone arsenal explosion caused by safety lapse

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Class action bans and mandatory arbitration clauses struck down

Beasley Allen — Mon, 02 May 2011 18:22:25 +0000

Two internet payday lending companies charged Andrea Felts, a New Mexico resident, astronomical interest rates in violation of New Mexico law. Then the companies claimed that their mandatory arbitration clauses and class action bans barred Ms. Felts from holding them accountable. Last month, the New Mexico Court of Appeals held, as Public Justice had requested, that the companies’ class action bans and mandatory arbitration clauses were unenforceable.

The Appeals Court gave Ms. Felts the go-ahead to join with other consumers and challenge the companies’ lending practices in a class action. Now the companies will have to answer for conducting online payday lending in direct violation of New Mexico law. The case began in late 2007 when Ms. Felts, then a 38-year-old high school administrator in Albuquerque, was going through a costly divorce. In need of extra money to make ends meet, she turned to online payday lenders for three loans of around $400 each.

Ms. Felts was then charged interest rates of 684%, 730% and 521% on her three loans. She couldn’t keep up with her payments, and the lenders began to contact her repeatedly, both at work and at home. This unfortunate woman received more than 20 calls a day. Her teenage daughter was subjected to harassing calls, as well. The lenders even threatened Ms. Felts with jail time.

When Ms. Felts tried to bring a class action lawsuit on behalf of all consumers who had obtained small-dollar loans from these lenders, the lenders argued that the suit was barred by the arbitration clause and class action ban contained in all of their consumer contracts. Public Justice took on the case and handled the appeal, which was successful. The following lawyers should be commended for their good work in this matter: Senior Attorney Paul Bland, who argued the case; Amy Radon, the principal author of the successful brief; lead counsel for the Plaintiff, Rob Treinen of Albuquerque; and Plaintiff’s co-lead counsel, Richard Fuller and Douglas Micko of the Schaefer Law Firm of Minneapolis, Minn. New Mexico Attorney General Gary King, along with Assistant Attorney General Karen Meyers, who filed an amicus brief in support of Ms. Felts and her fellow consumers, should also be commended for their assistance.

Source: Public Justice

SOURCE: Jere Beasley Report › Class action bans and mandatory arbitration clauses struck down

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Required pay for times when not actually working

Beasley Allen — Mon, 02 May 2011 18:20:56 +0000

Believe it or not there are times when the law requires an employer to pay its employees when they aren’t working. I know what you are thinking – “Where do I sign up for that job?” Under federal law, an employer is generally required to pay an employee for all work performed. Under wage and hour law, the concept of “work” is a little broader than what most folks consider it to be. The Fair Labor Standards Act defines “employ” as “to suffer or permit to work.” Therefore, there are times when an employee may be required to restrict his or her actions, or “suffer” as a result of their employer’s request or requirement that they be available. Some examples of when you have to be paid not to work are:

On-Call time wages - In some situations you may be clocked into work, or present at work, and waiting on an assignment. Similarly, you may be waiting on a task to be completed, or another employee, so you can perform your assigned duties. One example is a delivery driver who has to pick up individuals or merchandise. Many times these type employees are required to wait or be on-call, all the while waiting on a certain event. These periods should often be compensated.

Training and Education Wages – Many jobs require employees to attend seminars and/or professional development programs. These types of events often require travel away from the employer’s principal place of business. In many instances the employee should be compensated for not only the time spent in the seminar, but traveling to and from the event.

Travel time – In many occupations, there are times when an employee is required to drive out to a location, away from where the employer normally does business, to conduct job-related activities or work. Similarly, employees are often called out to work areas because of emergency situations. All of these times should be compensable.

Meal and Rest Breaks – This area differs from state to state. However, under federal law, if an employee receives a break that is 20 minutes or less it is generally considered to be for the benefit of the employer and should be compensated. In contrast, if the break period is in excess of 20 minutes, it is generally assumed to be for the benefit of the employee and may not be compensable. There are several caveats on this point. First, the employee must be generally free from all working responsibility. It does not, however, mean that the employee has to be allowed to leave the working area. Secondly, the employee should be given a reasonable opportunity to take the full break and not use part of their break putting on or taking off required clothing or sanitizing.

Sleep – Unfortunately, this category does not mean you can get paid to cat nap or daydream at work. This category of employment is one that generally requires an employee to be at work for a 24-hour period. Under Department of Labor regulations, part of that 24-hour period must be a designated block of sleep time.

If you need additional information on this subject, contact Roman Shaul, a lawyer in our Consumer Fraud Section, who has handled a number of cases under the FLSA.

Source: FindLaw.com (5 Times When You Have to be Paid for Not Working. October

19, 2010)

SOURCE: Jere Beasley Report › Required pay for times when not actually working

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3M settles age-discrimination suit

Beasley Allen — Mon, 02 May 2011 18:19:35 +0000

Minnesota’s 3M Co. has agreed to pay up to $12 million to settle an age-discrimination lawsuit with as many as 7,000 current and former employees. The 2004 lawsuit targeted the company’s performance-review system, alleging that older workers were disproportionately downgraded. The company was also accused of favoring younger employees for certain training opportunities that could fast-track them for promotions. The Plaintiffs and 3M have filed a joint motion for preliminary approval of the settlement. 3M has also reached a settlement on a separate age-discrimination lawsuit that had been filed in San Jose, Calif., in 2009. Terms of that agreement have not been disclosed.

Source: Insurance Journal

SOURCE: Jere Beasley Report › 3M settles age-discrimination suit

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Judge approves settlement in Premera overtime lawsuit

Beasley Allen — Mon, 02 May 2011 18:18:43 +0000

A federal judge has preliminarily approved a $1.45 million settlement in a lawsuit alleging that Premera Blue Cross failed to pay overtime to a group of tech workers. The class-action lawsuit, filed last year in U.S. District Court in Seattle, alleged that the Mountlake Terrace-based health insurance company and its subsidiaries had misclassified about 133 tech support workers as exempt from overtime pay. After workers have a chance to comment on the settlement, Judge Thomas Zilly is scheduled to decide in June whether to give the settlement final approval.

Source: seattlepi.com

SOURCE: Jere Beasley Report › Judge approves settlement in Premera overtime lawsuit

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Caesar’s entertainment is sued over secondhand smoke

Beasley Allen — Mon, 02 May 2011 18:17:48 +0000

The mother of a casino dealer who died of cancer has filed a class action lawsuit against Caesar’s Entertainment, Inc., the owner of Harrah’s New Orleans Casino. The company is accused of failing to protect the decedent, Maceo Bevrotte Jr., and other employees from dangerous levels of secondhand smoke. It was alleged by the Plaintiff that her son’s cancer was “directly linked” to his prolonged exposure to secondhand smoke at the casino. He worked at Harrah’s for about 15 years and died March 9, 2010. According to the Complaint, the dealer wasn’t a smoker.

Ms. Bevrotte filed the Complaint on behalf of a putative class of over 1,000 past and current non-smoking employees at the New Orleans casino. The Complaint alleges Harrah’s management does not allow its employees to choose to work only at non-smoking tables and forbids them from asking smoking customers to stop smoking or to blow the smoke away from the tables. According to the Complaint, Harrah’s didn’t try to reduce the risk of secondhand smoke until recently, by improving its ventilation system and designating some of its poker rooms and gaming tables as smoke-free.

SOURCE: Jere Beasley Report › Caesar’s entertainment is sued over secondhand smoke

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Medline industries to pay $91 million

Beasley Allen — Mon, 02 May 2011 18:15:18 +0000

Medline Industries, Inc, an Illinois medical supply company, will pay $91 million to settle a whistleblower lawsuit accusing it of paying fraudulent kickbacks to hospitals and other health care providers that purchased medical equipment with federal funds. Medline will pay $85 million to the United States, which will then pay $23.4 million to the whistleblower, a former Medline employee. According to the settlement agreement, Medline will also pay $6 million in attorneys’ fees.

In his Complaint, the whistleblower contended that privately-held Medline offered the kickbacks to win new business. It was also alleged that by paying bribes and kickbacks, Medline caused the hospitals that took the bribes to submit false claims to Medicare and Medicaid. The Complaint further alleged that some of these kickbacks were falsely labeled as “rebates,” and others took the form of junkets, expensive gifts and charitable donations. This appears to be another example of how some corporate bosses believe cheating the government is acceptable behavior. There is no telling how much fraud of this sort goes undetected, costing U.S. taxpayers tremendous sums of money.

Source: Reuters

SOURCE: Jere Beasley Report › Medline industries to pay $91 million

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Goodyear collective action conditionally certified

Beasley Allen — Mon, 02 May 2011 18:14:39 +0000

A Florida federal judge has granted conditional certification to a collective action of service managers who alleged that Goodyear Tire & Rubber Co. misclassified them as exempt and failed to pay them overtime. The collective action includes current and former Goodyear service managers who have worked more than 40 hours during one or more work weeks on or after January 2008 in any U.S. state, but did not receive overtime pay. The lawsuit seeks overtime compensation relief under the Fair Labor Standards Act.

Goodyear argued that the Plaintiffs were not similarly situated because the duties of service managers varied from store to store. The court pointed out, however, that a Goodyear corporate representative testified that the basic responsibilities for service managers were consistent throughout the 663 stores and there was a reasonable basis for the Plaintiffs’ claim that there were other similarity-situated employees who wished to opt-in to the action.

Source: Law360

SOURCE: Jere Beasley Report › Goodyear collective action conditionally certified

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Insurers and brokers settle bid-rigging case for $36.7 million

Beasley Allen — Mon, 02 May 2011 18:13:41 +0000

A majority of the 15 insurance company and broker Defendants in a long-running lawsuit accusing them of bid-rigging have reached a proposed settlement that will cost them about $36.7 million. The antitrust class action is one of numerous cases that grew out of investigations conducted by former New York Attorney General Eliot Spitzer more than six years ago into whether brokers had conspired with insurers to fabricate bids to make commercial buyers believe their accounts were shopped around for the best deal and whether they hid some of the contingent commissions and fees paid to brokers.

The settlement was agreed to with brokers Aon, Willis and HRH (now owned by Willis) and with insurers American International Group, CNA, Crum & Forster, The Hartford, Liberty Mutual, Travelers and XL. According to the settlement, AIG, Travelers, Liberty Mutual and XL will collectively pay $27 million into a fund for customers that purchased excess casualty insurance policies from them through the named brokers between 1998 and 2004.

Separately, CNA, Crum & Forster, The Hartford and brokers Aon and Willis/HRH will collectively pay a smaller sum, a total of $9.7 million, to purchasers of commercial insurance for the same years. The $37 million settlement must be approved by the court. The case in federal court in New Jersey is a consolidation of several class actions brought in 2004 by commercial insurance customers including Eagle Creek of California, OptiCare Health Systems, of Connecticut, QLM Associates of New Jersey and Accent on Eyes Corp. of New York against various brokers and insurers.

The suits alleged that the brokers and carriers engaged in unlawful practices in the placement of insurance and the collection of contingent commissions. Violations of federal antitrust and racketeering laws were alleged. The charges were dismissed by a court three years ago, but then were reopened in 2010. Insurance broker Marsh, an original Defendant, previously settled its role in the case.

Source: Insurance Journal

SOURCE: Jere Beasley Report › Insurers and brokers settle bid-rigging case for $36.7 million

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Wisconsin meatpacking plant fire claim settled for $208 million

Beasley Allen — Mon, 02 May 2011 18:12:02 +0000

Smithfield Foods Inc., the parent company of Patrick Cudahy, has reached a $208 million settlement with its insurance carriers over a fire that destroyed part of its meatpacking plant in a suburb of Milwaukee, Wis. There was an estimated $50 million in damages to the plant caused by the July 2009 fire. It took days for area fire departments to extinguish the blaze, which started when a neighbor launched a military flare to celebrate the Fourth of July. The flare landed on the roof of the plant, thus causing the fire. Fortunately, no one was hurt in the fire. The money from the settlement with the insurance companies was used to recover the value of the property and reimburse the production interruptions and resulting losses. About 1,400 workers were displaced by the fire, but nearly all returned to work within three months.

Source: Insurance Journal

SOURCE: Jere Beasley Report › Wisconsin meatpacking plant fire claim settled for $208 million

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Georgia court rules commercial liability policy covers faulty work

Beasley Allen — Mon, 02 May 2011 18:03:20 +0000

The Georgia Supreme Court has ruled that a general contractor can recover from its subcontractor’s insurers for the cost of repairs for damage to surrounding property resulting from the subcontractor’s faulty workmanship. The state’s highest court found that negligent construction is an “occurrence” under a commercial general liability (CGL) policy and that damage to surrounding property caused by the faulty workmanship that is neither intended nor expected is covered. The Court said in its opinion:

In reaching this holding, we reject out of hand the assertion that the acts of [the subcontractor] could not be deemed an occurrence or accident under the CGL policy because they were performed intentionally. [A] deliberate act, performed negligently, is an accident if the effect is not the intended or expected result; that is, the result would have been different had the deliberate act been performed correctly.

This ruling appears to be very significant because it eliminates one of the defenses most often relied-upon and cited defenses by insurers in construction cases. The Court’s opinion makes it clear that an intentionally-performed act – such as the act of construction work – resulting in unintended damage because it was improperly performed can be an “occurrence.”

Hathaway Development Company, a general contractor, had hired a plumbing subcontractor, Whisnant Contracting, Inc., to work on three projects. On one project, the subcontractor installed a four-inch pipe under a slab as opposed to the six-inch pipe called for in the building plans. The subcontractor also improperly installed a dishwasher supply line and installed a pipe that separated under hydrostatic pressure. Because of the damage sustained, Hathaway sued Whisnant not only for damage to the property in total, but also for the cost of fixing water and weather damage to surrounding properties.

After summary judgment was entered by the trial court against the subcontractor, Hathaway sued Whisnant’s insurer, American Empire, for the damage. At issue in the case was whether Whisnant’s actions constituted an “occurrence.” That was because American Empire denied coverage, arguing that it did not constitute an occurrence. The policy defined an occurrence as “an accident, including continuous or repeated exposure to substantially the same general conditions.” American Empire argued that Whisnant’s shoddy workmanship could not be construed as an accident.

The lower court agreed and awarded summary judgment in favor of American Empire. But the Georgia Court of Appeals reversed that ruling, concluding that American Empire’s policy covered damages arising out of an “occurrence,” since the term “accident” is never defined. Absent such a definition, the Court said the law must accept the commonly-held definition found in Black’s Law Dictionary that an accident is “an event happening without any human agency, or it happening through such agency, an event which, under circumstances, is unusual and not expected by the person to whom it happens.”

Source: Insurance Journal

SOURCE: Jere Beasley Report › Georgia court rules commercial liability policy covers faulty work

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Judge rules against Northwestern Mutual Life in class action

Beasley Allen — Mon, 02 May 2011 18:01:30 +0000

A judge in Wisconsin has ruled that Northwestern Mutual Life Insurance Co. breached its contracts with thousands of annuity holders when it unilaterally changed how dividends were paid on pre-1985 annuities. In his ruling, Reserve Judge Dennis Flynn, of Racine, Wis., found the Milwaukee-based financial giant also breached its fiduciary duty, and duties of good faith, fair dealing and loyalty during the change-over. Judge Flynn wrote in his order that “intentional and repeated concealment of wrongdoing over a period of a quarter century took place.” The decision followed a non-jury trial heard by the judge in November. Judge Flynn retained jurisdiction of the complicated case for “further and supplemental relief allowed as necessary and proper.”

The class-action lawsuit was filed by investors who bought the annuities before 1985. It was contended that the change deprived them of potentially millions of dollars in dividends from Northwestern Mutual’s general portfolio over the past 25 years and into the future. While annuity holders continued to receive what were called dividends, the lawsuit contends they were merely interest payments from short-term bonds into which the company had switched the annuity assets.

The Court’s order recapped much of the evidence from the trial, which featured 21 witnesses and more than 500 exhibits. Judge Flynn found testimony of the Defense experts “wanting,” and specifically found retired Northwestern Mutual CEO Ed Zore to be, in his words, “not credible.”

“His answer to the conundrums faced by Northwestern Mutual was to tell lies and manufacture reality,” Judge Flynn wrote in an unusually harshly-worded order. The company says it will appeal. It will be most interesting to see what happens on appeal. Remember, this was a non-jury trial, heard by a judge, and that may make it difficult for the company on appeal.

Source: jsonline.com

SOURCE: Jere Beasley Report › Judge rules against Northwestern Mutual Life in class action

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Ford settles Ferrari Lawsuit

Beasley Allen — Thu, 28 Apr 2011 20:50:54 +0000

Ford settled its lawsuit that had been filed against luxury automaker Ferrari over trademark infringement of its F-150 pickup. In the suit, Ford said Ferrari improperly used the name F150 for its new Formula 1 race car. To its credit, the following day, Ferrari said it would discontinue the usage of the F150 name and logo. Instead, it would only use the full formal name of the race car, which is Ferrari F150th Italia. Ford said the lawsuit was necessary to ensure that “Ford’s famous and distinctive F-150 trademark will be protected.” This was a quick result, but it happened only because a lawsuit was filed by Ford.

Source: Freep.com

SOURCE: Jere Beasley Report › Ford settles Ferrari Lawsuit

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Allstate sues another lender over mortgage securities

Beasley Allen — Thu, 28 Apr 2011 20:50:00 +0000

Allstate Corp. has filed suit against Credit Suisse Group AG, alleging that the Swiss bank caused losses by hiding the risks on $232 million of mortgage securities it bought. Allstate, the largest publicly traded U.S. home and auto insurer, has filed similar lawsuits against at least four other lenders: Bank of America Corp., Citigroup Inc., Deutsche Bank AG and JPMorgan Chase & Co. The five lawsuits seek to recover losses that Allstate said it suffered on roughly $2.1 billion of securities. It appears that big companies such as Allstate like the court system just fine when they find themselves in the role of a victim.

Source: Insurance Journal

SOURCE: Jere Beasley Report › Allstate sues another lender over mortgage securities

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Jury awards $1.18 million verdict in business fraud case

Beasley Allen — Thu, 28 Apr 2011 20:48:53 +0000

A Charleston County, S.C., jury awarded $1,189,408 to Plaintiff Clifford Hansen after determining he had been unfairly excluded in a business purchase that he had personally developed. The jury found Defendant, Beechwood Development Group of South Carolina, LLC, to be accountable for the investment Mr. Hansen made in developing plans to purchase Hickory Springs Water Company. This is a company that bottles and distributes drinking water for retail and wholesale customers. The Defendants eventually purchased the business and assets of the company to the exclusion of the Plaintiff.

Evidence was introduced during the trial proving that Mr. Hansen invested considerable time and money in the development of the planned purchase. The testimony included his performing due diligence and paying engineers for hydrology studies of the natural springs used by the bottled water facility. The Defendants wrongfully converted and retained crucial information provided by or prepared based on information from Mr. Hansen in order to acquire Hickory Springs Water Company and its assets without including the Plaintiff.

Clifford Hansen grew up working in two water bottling businesses run by his father. His dream was to eventually own his own water company one day, a dream he shared with his father before his tragic premature death due to cancer. Unfortunately, the man’s dream was stolen from him by some greedy businessmen who utilized Clifford’s own hard work and due diligence to purchase this water company to his exclusion. Fortunately, the South Carolina jury did not let this injustice go unpunished. While Mr. Hansen still does not have his dream, at least he has some vindication.

This case was tried in the Court of Common Pleas for the Ninth Judicial Circuit, State of South Carolina, County of Charleston. Bill Hopkins, a lawyer in our Consumer Fraud Section, tried this case and did a very good job for his client. Bill practiced law for several years in South Carolina before joining our firm. If you need more information on the case, contact Bill at 800-898-2034 or by email at Bill.Hopkins@beasleyallen.com.

SOURCE: Jere Beasley Report › Jury awards $1.18 million verdict in business fraud case

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Update on Darvon/Darvocet Litigation

Beasley Allen — Thu, 28 Apr 2011 20:46:20 +0000

On November 19, 2010, the United States Food and Drug Administration recalled the pain medications Darvon and Darvocet from the market after a new study showed an increased risk of heart rhythm abnormalities in patients taking these drugs. The FDA also recalled all generic versions of the drug which contain the active ingredient propoxyphene.

These medications, which have been on the market for years, have been surrounded by safety concerns for a long time. In addition to the more recent concerns of heart rhythm abnormalities, there have also been safety questions regarding suicidal risks and issues of overdosing as well. Public Citizen, a consumer advocacy group, petitioned the FDA for the removal of these drugs as far back as 1978 and as recently as 2006. Once again, foreign agencies were well ahead of the United States, with propoxyphene being pulled from the British market in 2005 and by the European Union in 2009.

The Judicial Panel on Multidistrict Litigation conducted a hearing in San Diego, Calif., late last month to determine if litigation involving these medications will be consolidated before one federal judge for pretrial proceedings as part of a Multidistrict Litigation (MDL). Several federal judges around the country have been proposed to oversee the propoxyphene MDL. The manufacturers of propoxyphene products have filed opposition to the consolidation. Lawyers from across the country will be monitoring these MDL proceedings since the outcome will help determine how this litigation will proceed. Our firm is currently investigating claims on behalf of clients who ingested Darvon or Darvocet and suffered a serious heart rhythm abnormality. For additional information you can contact Chad Cook, a lawyer in our Mass Torts Section, at 800-898-2034 or by email at Chad.Cook@beasleyallen.com.

SOURCE: Jere Beasley Report › Update on Darvon/Darvocet Litigation

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Jury awards $136.8 million in genetically-modified rice lawsuit

Beasley Allen — Thu, 28 Apr 2011 19:46:06 +0000

Riceland Foods, the largest rice cooperative in the country, filed suit in an Arkansas state court against Bayer Corporation for damages it suffered as a result of Bayer’s gross negligence in allowing unapproved genetically-modified rice to contaminate U.S. natural long-grain rice. As a result of the contamination, countries within the European Union refused to purchase U.S. long grain rice. Rice farmers and cooperatives, like Riceland Foods, lost millions of dollars in sales and incurred substantial clean-up costs. Hundreds of lawsuits have been filed against Bayer in federal and state courts.

Riceland alleged in its lawsuit that the presence of Bayer’s Liberty Link rice caused the cooperative to lose $389 million in projected and future earnings. The jury found that Bayer caused tremendous harm to Riceland and the entire industry and awarded Riceland $11.8 million in compensatory damages and $125 million in punitive damages. The jury also found that Bayer was solely responsible for any damages incurred by farmers as a result of the loss of the European market.

Barry Deacon, a lawyer with Barrett & Deacon, located in Jonesboro, Ark., represented the plaintiff and did a very good job. Phil Beck, a lawyer with Bartlit, Beck, Herman, Franlinchar, & Scott in Chicago, represented Bayer.

Lawyers in the Mass Torts Section of our firm represent a number of rice farmers who have been damaged as a result of Bayer’s wrongful conduct. If you need additional information on this subject, contact Leigh O’Dell, a lawyer in our Mass Torts Section, at 800-898-2034 or by email at Leigh.Odell@bealseyallen.com.

SOURCE: Jere Beasley Report › Jury awards $136.8 million in genetically-modified rice lawsuit

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DePuy’s Hip Recall update

Beasley Allen — Thu, 28 Apr 2011 19:44:40 +0000

After ASR XL Acetabular and ASR Resurfacing hip systems (ASR hips) were recalled in August 2010, the manufacturers, DePuy Orthopedics and Johnson and Johnson (J & J), launched a very aggressive campaign to defend the hip failure cases that have been filed against them. The ASR hips have been shown to have an exceptionally high rate of revision (i.e., second / follow-up) surgeries within a short period of time from the original hip implant surgery. The metal-on-metal design of the ASR hips has led to metal particles entering into the user’s bloodstream causing metal poisoning. This metal poisoning and the general defective design of the ASR hips have also led to instances of dislocation, hip mal-alignment issues and bone fractures. Combined, these issues were the primary reason for the ASR hip recall.

Realizing that they have a major problem with the defective ASR hips, DePuy and J & J immediately upon the recall instituted a “medical bill reimbursement program.” This program allows DePuy to pay for medical bills associated with the follow-up care and treatment of the defective ASR hip device, including any potential revision surgeries. However, DePuy has required ASR hip users to obtain a claims number and sign a medical authorization release, which violates many of the users’ rights. This release effectively authorizes DePuy to gain access and information about ASR users’ potential case that DePuy would not otherwise have. For instance, the release allows DePuy, through the company that DePuy has hired to handle this program – Broadspire – to speak directly with the ASR user, his or her physicians, along with obtaining the ASR device if there is a need for a revision surgery. If an ASR device is in DePuy’s possession that will negatively affect any potential client’s case.

Recently, through the efforts of the MDL Plaintiffs’ leadership committee (PSC), DePuy has agreed to not require clients to sign these releases and has agreed to pay for ASR users’ medical bills. However, the ASR user should not communicate with DePuy or Broadspire directly. Instead, potential clients should go through their lawyer to handle any medical billing issues because DePuy and/or Broadspire has the ability to record any communications over the phone to use against a potential client. Direct communication between ASR users and DePuy can lead to many ways that DePuy can take advantage of an unrepresented ASR user. Therefore, if ASR hip users are interested in this reimbursement program, it would be in their best interest to get a lawyer to act on their behalf when dealing with DePuy or Broadspire regarding payment of their medical bills.

If you need additional information on the subject, contact Navan Ward, a lawyer in our Mass Torts Section, at 800-898-2034 or by email at Navan.Ward@beasleyallen.com. As you may recall, Navan serves on the PSC for the MDL.

SOURCE: Jere Beasley Report › DePuy’s Hip Recall update

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