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Whistleblower Lawsuit Filed Against Moody’s Corp

A whistleblower lawsuit has been filed in U.S. District Court, Southern District of New York against Moody’s Investors Service and parent company Moody’s Corp which claims the company violated the Sarbanes-Oxley corporate governance law through employment actions.

The whistleblower lawsuit was filed by Ilya Eric Kolchinsky, and got the go-ahead by U.S. District Judge Paul Crotty who ruled that, “Kolchinsky has sufficiently alleged that Moody’s took ‘unfavorable personnel action’ against him after he reported what he believed were potential violations of the federal securities laws and SEC rules.” More Whistleblower Lawsuit Filed Against Moody’s Corp

Chicago Aldi’s Sued over Listeria Tainted Cantaloupe

Theodore and Rosie Brown have filed a negligence lawsuit against an Aldi food store in Chicago as well as Frontera Produce, Ltd, Jensen Farms, Inc., and Primuslabs after Theodore allegedly contracted listeria from tainted cantaloupe.

According to the lawsuit, the couple bought cantaloupe on September 15, 2011 from the Aldi store located on 95th Street. Brown soon became sick with nausea, fever, vomiting, aches, cramping, and fatigue. He was taken to the emergency room the following day and was admitted to the Advocate Trinity Hospital for listeria. More Chicago Aldi’s Sued over Listeria Tainted Cantaloupe

Westmoreland Nursing Home Sued over Neglect

James Thurman of Sumer, Tennessee has filed a wrongful death lawsuit on behalf of his brother Cecil Roy Thurman alleging neglect and accusing the Westmoreland Care & Rehabilitation Center of medical malpractice. The lawsuit also names seven other entities, which are responsible for the ownership and management of the facility.

According to the lawsuit, Cecil Thurman was 65 and suffered memory problems, anxiety, dementia, emphysema, seizure disorders and Alzheimer’s disease. Thurman needed help with feeding and was dependant on a wheelchair for mobility. The lawsuit claims that Thurman suffered abuse, neglect, and infection, violations of dignity, as well as mental anguish and humiliation. More Westmoreland Nursing Home Sued over Neglect

Missouri Catholic School Sued over Sex Abuse by Dead Priest

John Doe 116 has filed a lawsuit in the Twenty-First Judicial Circuit Court of St. Louis County against the Marianist Province of the United States, Chaminade College Preparatory School, and Father Martin Solma over allegations that Rev. Louis Meinhardt sexually assaulted him and other students for years.

“Defendants failed to stop Meinhardt from engaging in that behavior or to notify children attending the school and/or their parents of Meinhardt’s propensity to sexually assault juvenile boys,” the complaint states. “As a result, Brother Meinhardt was allowed unlimited access to juvenile boys, with the aid of defendants Chaminade and Marianists.” More Missouri Catholic School Sued over Sex Abuse by Dead Priest

NJ Court Rules FDA Warnings Don’t Always Start Statute of Limitations Clock

Law360 reports that the New Jersey Supreme Court has ruled that the New Jersey Product Liability Act’s two-year statute of limitations does not necessarily begin with an FDA warning.

The ruling centers on a lawsuit filed in December 2005 by Kamie Kendall against Hoffmann-La Roche Inc., alleging that the acne drug Accutane caused her to suffer ulcerative colitis. Kendall was diagnosed with the bowel disorder in 1999, after taking Accutane for two years. According to Kendall, she did not know about the link between the medicine and bowel disorders until she saw an ad for Accutane in 2004. More NJ Court Rules FDA Warnings Don’t Always Start Statute of Limitations Clock

Wright ProFemur Hip Implant Lawsuit Filed over Modular Neck Breaks

Phoenix, Arizona resident Dale Parcell has filed a lawsuit in U.S. District Court against Wright Medical Technology, Inc., and Wright Medical Group, Inc., after a catastrophic fracture of his Wright ProFemur Total Hip System forced him to undergo emergency surgery.

According to the lawsuit, Parcell had the Wright ProFemur system implanted in June 2005. In July 2010, while dressing for work, the titanium modular neck broke, and Parcell dropped to the floor in severe pain. He had to undergo emergency surgery. “One minute I’m standing there getting dressed for work and the next I’m on the ground,” Parcell said. “At first I thought there was an earthquake that knocked me down, but then the pain hit and I couldn’t move my leg.” More Wright ProFemur Hip Implant Lawsuit Filed over Modular Neck Breaks

Lexapro Lawsuits Filed over Birth Defects

Kristy Hernandez, Kimberlee Fisher, and Leah Scott have filed three separate lawsuits in St. Louis Circuit Court against Lexapro manufacturer Forest Laboratories and Forest Pharmaceuticals alleging the drug maker knew about the danger to unborn children whose mother used Lexapro during pregnancy and still promoted the drug towards expectant mothers and women of childbearing age.

According to their lawsuits, each plaintiff used the anti-depressant Lexapro during their pregnancies, and each of them had a child born with a birth defect. Fisher’s daughter Isabella was born with spina bifida, Hernandez’ daughter was born with a clubbed foot, and Scott’s son was born with a bilateral cleft lip and palette. More Lexapro Lawsuits Filed over Birth Defects

Second New York Town Sees Fracking Ban Upheld

New York Supreme Court Judge Donald Cerio Jr. has upheld a hydraulic fracturing ban posed by the town of Middlefield. Earlier this month State Supreme Court Judge Philip Rumsey ruled that a fracking ban in the Town of Dryden, New York was not preempted by state law, starting what some believe to be a “kiss of death” for natural gas drilling in New York state.

New York posed a moratorium on hydraulic fracturing in 2010 until regulators defined better environmental rules. However, since then nearly 20 towns in the state have banned drilling all together. More Second New York Town Sees Fracking Ban Upheld

Judge Delays BP Oil Spill Trial for Settlement Negotiations

U.S. District Judge Carl Barbier has delayed the start of the BP oil spill trial to allow BP Plc., and the Plaintiff Steering Committee more time to negotiate a deal regarding the tens of thousands who were affected by the Deepwater Horizon disaster in the Gulf of Mexico in April 20, 2010.

In a statement, BP announced that they “and the PSC are working to reach agreement to fairly compensate people and businesses affected by the Deepwater Horizon accident and oil spill.” BP also said there is no guarantee that the talks would lead to a settlement, Reuters reported. More Judge Delays BP Oil Spill Trial for Settlement Negotiations

FOIL Challenged in New York State Court of Appeals

FOIL, the New York Freedom of Information Law, commonly used by investigative journalists, used to legally access unreleased government documents is being challenged in a New York appeals court in the case of Lesher vs. Hynes.

The case began when alleged child sex abuser Avrohom Mondrowitz fled Brooklyn for Israel in 1984 before a warrant for his arrest was issued. A jury later indicted Mondrowitz on five counts of first-degree sodomy, plus nine other crimes; however, the state continues to be unable to have Mondrowitz extradited back to the U.S. because of a decision by the Israeli Supreme Court in 2010. More FOIL Challenged in New York State Court of Appeals