Vested Interest - Tort Briefs - December 2004 Issue

Company Cleared in Asbestos Lawsuit

A jury has ruled that Union Carbide was not fraudulent in how it sold asbestos for use by Kelly-Moore Paints in its interior-finishing products. Kelly-Moore had sued Union Carbide for $1.3 billion plus punitive damages, claiming the Dow Chemical Co. subsidiary had hidden from it the dangers of asbestos. But a jury ruled in favor of Union Carbide. Kelly-Moore, based in San Carlos, California, is facing more than 40,000 lawsuits from people claiming to be injured by asbestos, which causes lung diseases. The company was counting on winning the lawsuit because it doesn’t have enough money to pay the victims. (ATLA Law News Digest – October 28, 2004)

Agreement Reached in Jiffy Lube Class-Action Suit

An agreement has been reached in class-action lawsuits by drivers who were cheated when Jiffy Lube International tacked on environmental surcharges to their oil-change bills. An Oklahoma judge was poised to approve a settlement that would close at least nine pending cases from California to New Jersey; a similar accord has been reached in a New York case. Critics say Jiffy Lube called the fee an environmental surcharge to fool customers into thinking it was a tax. The fee ranged from 80 cents to $1.25 and was added to the price of an oil change at 400 company-owned stores from late 1999 until April 2004. Some, but not all, of the 1,800 Jiffy Lubes owned by franchisees also charged fees, according to the company. (ATLA Law News Digest – October 28, 2004)

Patient Sues Doctor Over Medical Arbitration

A patient is suing her Utah doctor - not for malpractice, but for demanding she sign a form promising not to sue him for malpractice. The woman's surgeon refused to treat her hernia unless she signed away her rights to sue and agreed to binding arbitration for anything that went wrong. She found another doctor - and a lawyer. Utah attorneys have been taking a lot of complaints since the Legislature made mandatory arbitration illegal earlier this year. One complaint came from a woman in the midst of a miscarriage, and another involved a cancer patient. (ATLA Law News Digest – October 28, 2004)

Supreme Court Declines Fen-Phen Case

The U.S. Supreme Court has declined to hear an appeal by drug maker Wyeth that sought to limit evidence that fen-phen users want to present in suits claiming heart valve damage. The Court let stand a lower court ruling that a federal judge went too far when he restricted the evidence. The judge had reasoned that the diet drug users violated a $3.75 billion settlement agreement with the company when they chose to "opt out" of the federal class action to pursue their own suits. (ATLA Law News Digest – November 5, 2004)

Jury Awards Couple in Auto Accident

A Macon County, Illinois, jury returned an award to a Decatur couple for injuries sustained in an auto accident. The couple was hit by a pickup truck attempting to pass them as they made a left turn. The wife was a licensed practical nurse who sustained an eye injury in the accident that ended her career. She is now legally blind. (Decatur Herald & Review – November 10, 2004)