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Friday Fun

That Word Game is a nifty little game that's sort of a cross between Boggle and Tetris. You make words out of falling letters. Check it out.

FDA Alerts Physicians To New Warnings On Some Anti-Seizure Drugs

The AP reports, "The Food and Drug Administration has alerted physicians to new warnings on anti-seizure drugs about heightened risks of suicidal tendencies, following an earlier announcement that the labels would be required." The warnings apply "to more than 20 medications used to control seizures, psychiatric disorders and nerve pain." The labels now "caution doctors that there is increased 'risk of suicidal thoughts or behavior in patients taking these drugs for any indication." The FDA "highlighted the new language in letters sent to physicians, according to a posting Tuesday" on the agency's website. Dow Jones Newswires also covers the story.

From the American Association for Justice news release.

FDA Investigates Potentially Fraudulent Products With Claims To Cure, Protect Against Swine Flu

The AP reports, "The Food and Drug Administration has found at least 20 websites that may be fraudulently marketing products with claims that they guard against or cure swine flu, an agency official said Monday." One company, ReBuilderMedical Technologies Inc., has been given "48 hours to take corrective action or face criminal or regulatory action from the FDA," according to Alyson Saben, head of "a new FDA swine flu consumer fraud team." Investigators have "found at least 20 other sites peddling products for swine flu accompanied by potentially fraudulent claims," Saben added. Among the suspected fraudulent products are "antiviral medications being sold without a doctor's prescription, dietary supplements with exaggerated claims, and flu diagnostic and protection kits." Saben stated that the "FDA will consider whatever means are necessary...to immediately stop the marketing" of these products. Meanwhile, the agency is also "asking members of the public to" report such products on its website.

From the American Association for Justice news release.

NHTSA Upgrades Roof Strength Regulation

The Detroit News reported, "The long-awaited federal upgrade of the 35-year-old regulation governing vehicle roof strength will save 135 lives, prevent more than 1,000 injuries and add up to $1.4 billion annually to the cost of new cars, the Transportation Department said." Transportation Secretary Ray LaHood said, "These new standards go a long way toward reducing deaths, but safety belts are the first, most important step everyone should take to protecting themselves and their families."

From the American Association for Justice news release.

Featured Link - DriveCam.com

DriveCam is an interesting device designed for fleet operators or for families concerned with the driving habits of teenagers. It mounts on the rearview mirror and records the view out the front of the vehicle and also the view toward the interior of the vehicle. So in a split-screen playback you see the road in front and also what's happening inside.

The DriveCam records continuously, but the recording is automatically deleted unless something (like severe braking or swerving) triggers the device. In those cases, the recording from several seconds before the triggering event and the recording for several seconds after the event are saved for later viewing.

It's very Big Brotherish, but I can see how it could be helpful. DriveCam is pricey at $900 for the equipment, installation, and a one-year subscription. But it could prove to be invaluable in monitoring the driving of your children.

L.A. Times: Companies Should Not Be Able To Force Mandatory Arbitration

In a column in the Los Angeles Times David Lazarus wrote, "If you have a credit card, a cellphone or even just a job, chances are you've already signed away your right to sue if something goes wrong." He adds, "Mandatory arbitration clauses have become a routine part of the fine print in most financial, telecom and employment contracts, as well as numerous other customer agreements." Usually, the clauses "require you to abandon the right to a jury trial or class-action lawsuit, and to agree instead to take any grievances to a professional arbitrator." However, "because of the way the system is set up, critics say, arbitration often favors the company and not the individual. So the likelihood of a positive outcome (for you) can be less than if you had pursued litigation." He concluded, "no company should be permitted to deny customers their right to a jury trial or to participate in class-action lawsuits."

From the American Association for Justice news release.

Arthritis and Social Security Disability

A recent study shows that nearly 48 million Americans have a disability, which is a significant increase from the reported 2 million a decade ago. Arthritis tops the list as the most common cause of disability. It is expected that baby boomers will, as they age, cause a rise in the prevalence of arthritis by 40% as of 2030.

The Centers for Disease Control and Prevention’s Morbidity and Mortality Weekly Report published a detailed study in an article describing the increasing impact of arthritis today.

Our clients applying for Social Security Disability confirm the accuracy above statistics. We welcome the opportunity to assist individuals seeking disability benefits, and are happy to support the Arthritis Foundation in support at their upcoming walk on May 16, 2009 in Dallas.

Last month we enjoyed supporting the Lupus Foundation’s walk and were glad to see that the number of walkers had increased to over 800!

Manufacturer Recalls 14 Hydroxycut Products Following FDA Warning

The Wall Street Journal reported, "Consumers should 'immediately stop' using Hydroxycut weight-loss products amid concerns they may cause jaundice and liver failure, the U.S. Food and Drug Administration said Friday." Responding to "23 serious reports of health problems with Hydroxycut products and one death in a 19-year-old male who had used the weight-loss products," regulators are "strongly" advising "people against using 14 Hydroxycut products," according to Linda Katz, interim chief medical officer in the FDA's food safety and nutrition division.

The Los Angeles Times reported that Hydroxycut manufacturer, Iovate Health Sciences Inc., is "recalling most of its Hydroxycut products from the market." Meanwhile, regulators remain unsure "which ingredients or dosages could be causing the problems," as "the recalled products contain several ingredients, among them herbal extracts." The health problems reported to the FDA included "jaundice, elevated liver enzymes, liver damage (requiring a transplant), seizures, and cardiovascular disorders."

The New York Times reported that two Iovate products, "Hydroxycut Cleanse and Hoodia, with different ingredients, are not affected by the recall." The company's move follows "a series of incidents that raise the question of whether the Food and Drug Administration has adequate authority to regulate the dietary supplement industry and provide consumer protection." Dietary supplements, "which can offer general health benefits but cannot claim to treat specific diseases or symptoms," do not require "FDA approval to go on sale."

The AP reported, however, that "regulators monitor aftermarket reports for signs of trouble, and in recent years companies have been put under stricter requirements to alert the FDA when they learn of problems." Katz noted that "part of the problem is that the FDA looks at dietary supplements from a post-market perspective," relying on "voluntary reports to detect...problems." Bloomberg News and the Los Angeles Times Booster Shots blog also covered the story.

From the American Association for Justice news release.

Featured Link - ZabaSearch.com

ZabaSearch is another of the many new search engines in the Internet. This one specializes in people searches and has a few feature Google doesn't. It's free, so take a look. Here's their one-paragraph description:

Telephone Numbers and Addresses Revealed Free. No Registration Required. Instant Results. Three Times More Residential Listings than White Pages Phone Directory

96,000 Cribs Sold at Toys "R" Us Recalled

About 96,000 Jardine cribs sold at Toys "R" Us and Babies "R" Us were recalled this week. This was the company's third crib recall in a year. The Taiwanese company recalled about 320,000 cribs in June 2008 and another 56,450 in January.

The slats on the seven models of recalled cribs can break, leaving a gap where small children can get trapped or strangled.The Consumer Product Safety Commission has received 31 reports of broken slats and two reports of children getting trapped. Ten of the incidents were caused when a child broke the slats from inside the crib.

The CPSC is writing new rules that propose to make cribs safer and more sturdy.

The cribs recalled this time were sold at Toys "R" Us, Babies "R" Us, KidsWorld, and Geoffrey stores around the country, as well as on http://www.babiesrus.com. They were sold from September 2005 to April 2009.

Friday Fun

Engrish.com is a collection of mangled English from around the world. There are T-shirts, signs, menus, and lots of other delicious misinterpretations of our language. Check it out.

Stalled Suits Against Drugmakers Proceeding After Supreme Court Preemption Decision

Bloomberg News reports, "Just two months after the U.S. Supreme Court decided patients can sue drugmakers over injuries from medicines approved by the government, long-stalled lawsuits against GlaxoSmithKline Plc and Bristol-Myers Squibb Co. are again moving toward trials." On March 4, the Supreme Court ruled that "federal regulatory approval of a medicine and information about side effects doesn't shield drugmakers from claims that patients and doctors weren't adequately warned." Justice John Paul Stevens, writing for the majority, stated that "Congress did not intend FDA oversight to be the exclusive means of ensuring drug safety and effectiveness." The ruling has "already affected more than 250 lawsuits involving at least 10 companies that were in limbo before the ruling." Glaxo has "settled two cases on claims its antidepressant Paxil can make patients suicidal, after judges set trials citing the Wyeth decision." Meanwhile, "a group of Bristol-Myers lawsuits over the blood-thinner Plavix may now proceed to trial in federal court."

From the American Association for Justice news release.

Featured Link - TumbleweedHouses.com

Are you considering downsizing your home because of this recession? Many people are doing just that. My wife and I did a few years ago after our daughters got married and moved out.

Downsizing can be taken to an extreme though, and a perfect example is found at TumbleweedHouses.com. Take a look at the video of this guy's 89 square foot house. Yes, that's a total of eighty-nine square feet! I find this fascinating, and it does have a certain appeal. Of course if you're not as skinny as this young fellow is, you'd have a heck of a time living in a space this small.

Chamber of Commerce to Unveil Videos on Lawsuit Abuse

In the Law blog on the Wall Street Journal website Ashby Jones wrote, "Next month, the U.S. Chamber of Commerce will unveil four short clips to run before feature films in Washington, D.C.-area movie houses." All of the clips will attempt to illustrate "supposed 'Lawsuit Abuse.'" Lisa Rickard, the president of the Chamber's Institute for Legal Reform, said, "Lawsuit abuse and the harm it brings to everyday Americans and small businesses is one of the great American tragedies." She added, "That's why the silver screen is the perfect venue for these Faces of Lawsuit Abuse short films." Jones wrote, "We checked in with a spokesman for the AAJ, Ray DeLorenzi, who gave us this fun little quote. 'With U.S. Chamber's core membership receiving all those taxpayer bailouts, they must be flush with cash to waste on PR stunts like this. Like their lobbying agenda, these ads are rated NC - not suitable for consumers.'" Jones concluded, "Now, we'll just sit back and hope that someday the AAJ's unveils its own movie trailers. Ah, such fun."

Roll Call reports, "The 65 organizations in the Fair Arbitration Now Coalition...are releasing a new poll today showing widespread public support for legislation that would ban the fine print that ensnares consumers in mandatory binding arbitration in everything from credit card bills to cell phone contracts." It is being "led by Public Citizen and the American Association for Justice" who support "the Arbitration Fairness Act, which would prohibit corporations from forcing consumers into arbitration." Roll Call adds, "The advocates at the press conference will probably want to skip the afternoon matinee at their local theater" because "that's where the U.S. Chamber Institute for Legal Reform will begin running four short films before feature movies as part of their national 'Faces of Lawsuit Abuse' campaign."

From the American Association for Justice news release.

ABA GP|Solo Meeting Cancelled Due to Swine Flu in Mexico

In a disappointment to many people, members of the American Bar Association GP|Solo section received this e-mail today:

April 28, 2009

To GP Members:

Subject: ABA GP|Solo Spring Meeting is cancelled

Dear ABA GP|Solo Member:

Per the Centers for Disease Control and Prevention (CDC) website at http://www.cdc.gov/swineflu/, the human swine flu outbreak continues to grow in the United States and internationally. In response to the intensifying outbreak, the ABA General Practice, Solo and Small Firm Division leadership has decided to cancel the spring meeting scheduled in Cabo San Lucas, Mexico from May 7-9, 2009.

The Division leadership discussed the varying information available about the outbreak, but ultimately decided that cancellation of this meeting is in the best interest of our members. Contingency plans for the committee meetings, the awards luncheon, and the council meeting are being discussed and more information will be posted to the website.

If you have already confirmed your hotel or meeting registration, an e-mail with detailed cancellation information has already been sent to you. If you did not receive this notice, please go to our website at http://www.abanet.org/genpractice/ or contact Laura Ramirez, GP|Solo Meetings Manager at ramirezl@staff.abanet.org or (312) 988-5659.

We deeply regret that this decision had to be made. I would be happy to answer any questions you may have about it.

Sincerely,


Robert A. Zupkus
Chair, ABA General Practice, Solo and Small Firm Division

Columnist Criticizes Chamber of Commerce Ad Campaign Against Arbitration Act

In a column in Bloomberg News Susan Antill writes that the Chamber of Commerce's "'Faces of Lawsuit Abuse' ad campaign is but a piece of a larger publicity war that's heating up as legislators begin considering the merits of the Arbitration Fairness Act of 2009, introduced Feb. 12 by Georgia Congressman Henry Johnson." The legislation "would invalidate so-called 'mandatory arbitration' contracts that say the courts can't be used in the event of a dispute." She adds that "consumer groups have long decried the practice of forcing consumers, investors and employees to forgo their rights to court before they can even purchase a cell phone, open a securities account, or get a job." She says that Alexander Colvin, "a labor professor at Cornell University, published a study in January that examined employment dispute statistics from the American Arbitration Association" and is concerned "that 'repeat player bias' is at work, with arbitrators favoring employers in hopes of being selected for future hearings."

From the American Association for Justice news release.

Associates Keep Quiet As Economic Downturn Increases Layoffs

The National Law Journal reported, "With law firms unloading scores of attorneys amid the economic downturn, associates are finding that the balance of power has shifted away from them and into the hands of law firm managers." Now, "with few ships for associates to jump to these days, young attorneys are increasingly reluctant to raise any issue that might put an unwanted target on their backs." One associate said, "You're really between a rock and a hard place.... There's nothing that we can do about it, and you don't want to say anything about it. You don't want to give anyone a chance to put you on the [layoff] list." Sheri Michaels, a partner and head of the global associate practice group at Major, Lindsey & Africa, said, "If I were an associate, I would keep my head down. I wouldn't want to be the one asking for anything."

From the American Association for Justice news release.

House and Senate to Consider Credit Card Bill, Cramdown Legislation

The Hill reports, "House and Senate lawmakers are heading toward votes by the end of this week on legislation that would clamp down on two major segments of the financial industry that have long fought additional regulations." The Hill says, "In the Senate, Democrats are headed toward a vote on Thursday at the earliest on a controversial bill that would empower bankruptcy judges to write down home mortgages." However, "the bill...appears headed for defeat" because "Republicans remain unified in opposition and a handful of centrist Democrats have raised questions." Also, "the House will vote on Thursday on a bill sponsored by Rep. Carolyn Maloney (D-N.Y.) that would attempt to rein in credit card practices that consumer advocates have long opposed."

From the American Association for Justice news release.

Transportation Secretary Pushes Carmakers to Crash-Test Child Safety Seats

The Chicago Tribune reported, "U.S. Transportation Secretary Ray LaHood on Friday said he planned to urge carmakers to crash-test child safety seats in their vehicles and recommend which child restraints are the safest in each auto, responding to a Chicago Tribune investigation." The proposed "new system would be a victory for parents who struggle to find the best car seats for their children." Lahood said, "What I'd like to talk to the car manufacturers about is the idea that they get some seats, they put them in their car, they crash test them so they can tell people 'This is the best seat for this model car.'"

From the American Association for Justice news release.