The Atlantic’s Andrew Cohen highlighted a unanimous ruling from the Utah Supreme Court that allows health care professionals to be held accountable in court for negligently prescribing medicine that injures innocent third parties. Cohen points to a key passage in the ruling:
Yesterday the U.S. Supreme Court ruled against plaintiff Gloria Kurns in Kurns v. Railroad Friction Products Crop. Gloria is the widow of retired railroad worker George Corson who died of mesothelioma after years of service for Railroad Friction Products as a welder, machinist and supervisor.
Countdown to Trial is the theme of the March issue of Trial, AAJ’s flagship magazine for attorneys and the legal community. Trial preparation is a detail-filled and intense time for plaintiff attorneys, and this issue of Trial considers a range of issues to consider in getting ready to head to the courtroom, including:
AAJ submitted comments today to the Centers for Medicare and Medicaid Services (CMS) calling for more transparency of payments made to doctors and hospitals by drug and device manufacturers. Financial relationships between drug and device manufacturers and physicians/hospitals can create an untenable conflict of interest and impact negatively on patient safety.
For years, AAJ has been following the shady backroom dealings of the corporate-funded American Legislative Exchange Council (ALEC). AAJ released a report in May 2010 detailing how ALEC has been ghostwriting the law for big business on behalf of oil, drug, asbestos and insurance interests.
The American Association for Justice (AAJ) has long fought to prohibit corporations from avoiding accountability by hiding forced arbitration clauses in the fine print of consumer and employee contracts. When Bloomberg broke the story that Carlyle was attempting to take away investors’ rights by including a forced arbitration clause in its proposed IPO filing, AAJ raised concerns with the SEC and brought awareness to the issue.
The media coverage that followed and the news on Friday that Carlyle dropped the forced arbitration clause shows that now more than ever, "the public cares and public scrutiny matters."
The Carlyle Group today announced that they are withdrawing the forced arbitration clause that was included in its proposed IPO filing to the U.S. Securities and Exchange Commission, in response to pressure from shareholder rights advocates and lawmakers. The following is a statement from American Association for Justice President Gary M. Paul:
The U.S. Securities and Exchange Commission (SEC) must reject The Carlyle Group’s attempt to limit their shareholders’ rights by including a forced arbitration clause within their IPO filings.
If the SEC approves the use of this clause, it would prevent Carlyle’s shareholders from holding them accountable for fraud, misconduct, or negligence in a court of law, which would be a dramatic shift in the SEC’s mission of protecting the rights of investors.
It’s almost February, which means it is time for the annual transportation issue of Trial, AAJ’s flagship magazine for attorneys and the legal community. This issue’s theme—Moving Violations—drives home practice information about a range of transportation cases, including how to:
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Members of Congress are calling out Carlyle for including a forced arbitration clause in its proposed IPO filing that would ban shareholder class proceedings, severely limiting the ability of investors to hold the company publicly accountable for fraud, misconduct, or negligence.