Lawsuit

How Safe is Your Talcum Powder?

shutterstock_398670208For the second time in just four months, giant pharmaceutical firm Johnson & Johnson losses another lawsuit and ordered by the court to pay $55m to Gloria Ristesund, who developed ovarian cancer after years of using Johnson & Johnson’s talcum powder (the first lawsuit was in February wherein Johnson & Johnson was made to pay $72m to the family of a woman who died of ovarian cancer which she claimed she developed during the 35 years that she used the company’s talc-based baby powder).

Amidst Johnson & Johnson’s claim that cosmetic talc is safe, as proven through 30 years of studies by medical experts worldwide, the lawsuits allege that Johnson & Johnson knew about the dangers associated with using talcum powder, yet it covered up results of the studies that showed a link between its baby powder and ovarian cancer. Instead of including a warning on its product’s label, no information about the dangers of using talcum powder was said in order to increase sales.

Talc, the source of talcum powder, is a mineral that contains magnesium, oxygen and silicon. It is used in various cosmetic products due to it capability to keep the skin dry and prevent rashes. According to the American Cancer Society, a number of studies suggest that regular application of talcum powder in the genital area (or on condoms, diaphragms, or sanitary napkins) might cause cancer in the ovaries, especially if powder particles travel to the ovary.

While Johnson & Johnson plans to appeal this May ruling, if it succeeds, Johnson & Johnson will need to worry anew due to the 1,200 similar lawsuits that it will also have to face.

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Detroit Woman Claims Stillbirth Due to Police

Pregnant WomanA suspect in a case of shoplifting, Shenika Parchman, has lost her appeal to charge Detroit police with a lawsuit. Detroit federal judge, Denise Page Hood, had dismissed the case back in January 2015.

In 2011, Parchman was arrested for shoplifting at a Meijer store, a popular hypermarket, while she had been nine months pregnant at the time. In the week that followed after her arrest, she gave birth to a stillborn son and since then, the suspect has claimed that it was the rough treatment of her by a Taylor-based police officer during her arrest that had led to the death of her child.

It was, however, her failure to provide evidentiary support of the claim – the fact that she could not name a particular officer during her deposition being one of the key points of her case – equated into the failure of her appeal to file a lawsuit against the Detroit-area police.

A report from the Associated Press states that the court has rejected her appeal on the grounds of there being “no reasonable juror” for her claim since Parchman could not properly identify the Detroit police officer in question or that she had been injured at all during her arrest.

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The Volkswagen emission fraud fiasco: How much does it cost?

vwemissionsGerman automaker giant Volkswagen is under fire after the U.S. Environment Protection Agency learned about how the car manufacturer installed software devices designed to defeat standard emission tests. The software is so sophisticatedly designed to detect if it is being tested that there is possibly no way the car maker could argue that the issue was just a ‘bug.’

But criticisms against Volkswagen are coming not only from regulatory boards in the U.S. and outside the country, but also from its customers. Consumers who own newer line of Volkswagen diesel units believe that they have purchased a car that’s both powerful and eco-friendly, only to find out that it is emitting oxides more than what the federal limit permits.

In a report by Tech Times, the scandal has caused the company to lose $1.83 billion in this year’s 3rd quarter. This is not surprising, given the fact the Volkswagen has not been in a scandal as large and as massive as this since its conception in 1936. Also, Volkswagen would now have to defend itself against lawsuits filed by people seeking for compensation because of a significant decrease in the car’s resale value.

Apart from the revenue loss and lawsuit costs, Volkswagen has announced it will recall 11 million diesel cars equipped with the software, which would cost them an estimated $7.4 billion. These enormous expenditures will be capped by Volkswagen’s promise to offer cash cards worth between $1,000 and $1,250 to those affected by the ongoing scandal.

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Can Copyright Claims Get Out of Style™: Is Taylor Swift in the Legal Right?

TSwiftThere are many posts making the rounds on various platforms on social media, claiming of the avarice from Taylor Swift and her legal team over the disputes regarding her copyrighted phrases. Some of the phrases that have been reportedly copyrighted are “This Sick Beat” (from the song “Shake It Off”), “Nice to meet you, where you been?” (from the song “Blank Space”), as well as “1989” – the title of the singer’s most recent album as well as it is her birth year.

In the website Etsy, where there are many people who make a small business through crafting (from fan-art prints to mugs printed with her likeness), there have been several users who have been approached in a demand to take down their wares with the singer’s copyrighted property. Majority of these people are fans of Swift and her work but the action from her legal team has sparked some backlash for her allegedly threatening to sue her own fans.
The question, however, remains. Is Taylor Swift in the right to threaten lawsuits on the grounds of copyright
infringement for this?

Copyright law is, unfortunately, quite difficult in any kind of legal battle. Swift’s battles are some of the earliest recorded claims of this kind of situation. However, with the rise of illegal downloading, many artists are attempting to make sure that they make the most out of their pieces due to the competitive industry. Though seemingly inane phrases uttered by anyone – and certainly not exclusively penned by Swift – she is the first to have copyrighted the phrases in America, therefore giving her some method of control over merchandise that may be specifically linked to her work.

This kind of move is more to protect her brand than it is an outright move against her fans but there are still repercussions to this choice that Swift cannot just, to borrow a phrase, Shake (it) Off™.

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Parents Battle over Son’s Circumcision in Court

shutterstock_141950806In what may later be the bane of a Florida child’s existence, a legal battle has sprung up between his biological parents over whether or not he should undergo a circumcision. The child named Chase has become the unwitting flag bearer of a movement to prevent child circumcision, featured in signs such as “Let Chase Keep His Foreskin” and ”Don’t Cut Chase’s Penis.”

The 4-year old has been the center of almost all disagreements (a lot of them) between his estranged parents, and this current wrinkle has fed the fodder of the cause some refer to as “intactivism.” Intactivists are those that are vigorously opposed to the practice of circumcision, considering it “barbaric” with healthy risks inadequately offset by possible benefits.

Circumcision is a relatively simple outpatient procedure in which the foreskin of the penis is removed, and in many cases the male is an infant or a child. The practice is common in some religions, and some have it done in the belief that it is more hygienic, to which the Centers for Disease Control and Prevention (CDC) concurs. It is also necessary for some medical conditions. The CDC reports that in 2013 about 58% of all newborn males in the US were circumcised, but that there is a downward trend in the practice.

The parents had a previous agreement in which circumcision would be performed on the child, but the mother balked when the time came for the procedure to be performed, hence the legal battle. The courts have so far favored the father’s side, and no further filings have been made after the Court of Appeals refused to overturn the lower court’s ruling to let the circumcision be performed.

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Election Polls: Suffering From A Brain Injury

 An injury to the brain can be very dangerous, and could lead to adverse complications that can be life-threatening. Brain damage could be a lifetime issue; with its effects affecting people long after the injury has been treated. When you have suffered brain damage from an accident caused by another person’s recklessness or malice, then they can be held accountable for the injury you have sustained. Getting a compensation for the harm you have received requires the help of reliable and experienced brain injury attorneys who knows how to properly fight your rights in court.

The brain is considered the focal point of the body; its main function is operating the everyday functions of the body. Once this part of the body is injured, the consequences can be damaging and long-term. Depending on the extent of the damage, compensation can be hard to determine, especially when there are guidelines that can be observed concerning monetary payouts for brain damage victims. When you are considering of filing a personal injury claim, talking with your injury attorneys would be most beneficial to ensure you have decided for a fair amount of compensation.

Every year 1.5 million people get some form of brain injury, with people reaching 5.3 million suffering from the effects of brain damage. Fatalities linked to brain injuries account for 50, 000 people, and these numbers are very alarming. Not only is brain injuries a leading cause of death in America, more and more people are enduring brain damages.

Treatment for brain injuries may come in many forms, from speech therapy to alternative therapies like music lessons, or art lessons. An experienced doctor or speech pathologist may be able to suggest the right course of treatment for you.

In order to ease some burdens caused by the brain damage due to your accident, it would be very advantageous to employ the aid of trustworthy brain injury attorneys to represent and support you in your quest for financial compensation. It is important to get the right attorneys for the job to guarantee that you are well represented and guided through the whole process.

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