The American Trial Lawyers Association

Today's top story – A veteran of the Iraq War, along with the mothers of two other soldiers, have taken their fight against the war to court. The lawsuit filed last May claims that, despite being authorized by Congress in fall 2002 to deploy armed forces against Iraq as he deemed necessary, President George W. Bush overstepped his constitutional authority by invading the country six months later without formally declaring war. Yesterday, the case was presented before a federal judge, where the defense was attempting to get the case thrown out, on the grounds that the court didn't have jurisdiction over the matter. However, the plaintiffs have found an unlikely ally in Supreme Court Justice Antonin Scalia. Scalia isn't actually on their side, but a ruling he made last year is coming back into play. Plaintiffs pointed to Scalia's strict interpretation of the Constitution in a decision last year that affirmed the right of homeowners to own guns for self-defense, and said that it's all about the original intent of the founders. When this country was founded, it was made clear that only Congress could declare war. In the case of Iraq, Congress authorized force, but never declared war. The plaintiffs said that they aren't seeking to change current policy, but that they do hope to set a precedent for the future.


In other news, if you live in the Western part of the US and you like drinking water here's a bit of advice – Get it while you still can. According to a new report by the National Academy of Sciences, if future predictions of climate change are correct, water delivery for at least 7 US states will be severely hindered. The threat comes from the Colorado River, which supplies drinking water to numerous states. As the climate continues to shift, scientists predict that parts of the river, as well as many other bodies of water that feed into it, could dry up to a point where water delivery is no longer an option. The study found that, with a 20 percent reduction in runoff, by 2050 nearly 9 of every 10 scheduled deliveries would be missed. Scientists believe that there are a few options, such as water reuse and conservation that could curtail this problem, but so far there have been no suggestions on how to prevent this problem altogether.


And finally today, if you're having a hard time finding a job in this economy, the adult entertainment industry has an idea for you – Come to one of their career fairs. In heavily populated areas like Dallas, Texas, the jobless rate has risen so high and people are getting so desperate that many strip clubs are now flooded with applications. This has led them to announce a job fair for those who are seeking any kind of employment. According to one strip joint, even corporate managers who've found themselves without work are applying for jobs ranging from strippers to bouncers, which are needless to say, well below their skill level. The Jobless to Topless Job Fair – which is the actual name of the one in Dallas - will be accepting applications for management, entertainers, waitresses, beer bar girls, door girls, bar back, bartenders, kitchen staff, DJs and hair and makeup specialists. So if you happen to be in Dallas today, make sure you check it out. And if you do, please email us and let us know how it goes.

Labels: Climate Change, Colorado River, Constitution, Dancing, Farron Cousins, Global Warming, Iraq War, Lawsuit, Legal, Strip Club, Stripper, Topless, Veteran

The Center for Constitutional Rights, along with Earth Rights International, has filed suit against the oil giant Royal Dutch Shell for their complicity with the murder of a human rights activist in Nigeria almost 14 years ago. Shell began oil production in the Niger Delta region of Nigeria in 1958. After more than 30 years of environmental devastation and exploitation by Shell, a nonviolent movement of the Ogoni people developed in the early 1990s, in opposition to Shell's presence in the region. At the request of Shell, and with Shell's assistance and financing, Nigerian soldiers used deadly force and massive, brutal raids against the Ogoni people throughout the early 1990s to repress the growing movement against the oil company. Shell accounts for more than 40% of Nigeria's total petroleum production, and oil revenues account for 90% of Nigerian export earnings and 80% of the government's total revenue, meaning that Shell is responsible for almost half of the government's total income. The case will be heard in New York.


In other news - In case you've been wondering why the ratio of lobbyists to elected officials in Washington, D.C. is several hundred to one, here's a newsflash – Hiring lobbyists pays off. According to a new report, corporations that hire lobbyists to get them major tax breaks can see as much as a 22,000% return on their investment. The report details efforts by hundreds of companies in 2003 and 2004 to push through a one-time tax "holiday" that lowered for a year the tax rate they paid on profits earned abroad. All told, U.S. companies saved about $100 billion in taxes, with pharmaceutical behemoths Pfizer and Merck & Co., technology giants IBM and Hewlett Packard, and health products maker Johnson & Johnson among the top beneficiaries. 93 firms spent as much as $282.7 million lobbying on the issue during that period, and ultimately saved a total of $62.5 billion through the tax change. A separate group of business professors reported last year that companies that lobbied had better market valuations and investment returns than those that did not. Lobbyists say they're not surprised by the findings, which prove what they tell their clients all the time: You can't afford not to have a seasoned Washington player on your team. I guess this is proof of who really controls our legislative practice.


And finally today, just when you thought that the network couldn't sink any lower than their failed program Joe Millionaire, Fox has come up with an exciting new reality series. In the new series, they will find a company that needs or wants to layoff employees, and turn it into a reality show competition. Each episode will feature a company with about 15 or 20 employees that needs to cut costs because of the economy. Instead of the boss deciding who is fired, the company will open its books to show everyone's salaries and let the employees make the call. Fox says the laid-off worker will get a small severance, but isn't saying whether the network or producers are paying the participants in anything beyond the chance for prime-time fame. The new show, titled “Someone's Gotta Go,” comes at a time when millions of people are losing their jobs across the country, and the issue really isn't a laughing or even entertaining matter.

Labels: Abuses, Farron Cousins, Fox, Human Rights, Joe Millionaire, Lawsuit, Lobbyist, Nigeria, Reality Show, Shell, Someone's Gotta Go, Tax Break

After months of reports of shady practices and managers knowingly shipping tainted supplies of peanut butter across the country, the very first lawsuit has been filed against manufacturers. Here's the update from News Inferno:


The AP reported that Stephen Beumler, 48, is suing CW Sprouts because it failed to prevent the spread of the dangerous, sometimes deadly pathogen, in its products. Beumler said he fell ill early last month after eating sprouts distributed by CW Sprouts, said the AP; soon after, his doctor confirmed he was infected with Salmonella Saintpaul, said Forbes. Salmonella Saintpaul is the strain responsible for the outbreak linked to SunSprouts products and is also the same strain that was to blame in last year's massive Mexican pepper recall that was first linked to tomatoes.


The sprout outbreak involved SunSprout alfalfa, onion, and gourmet sprouts. SunSprout issued a voluntary recall of the products; however, the recall was lifted when no cause for the contamination was revealed during an investigation, said KGAN, in an earlier report. After the recalled sprouts were sent to food distributors, those distributors then sold the sprouts to restaurants and retail stores, MarketWatch said last month.


According to Forbes, the lawsuit cites over 121 cases confirmed in the five states in February and March and alleges that CW Sprouts did not appropriately “monitor safety and sanitary conditions” in addition to failing to prevent the spread of the infection in its products. Victims might be eligible to receive reimbursement for costs related to medical care and lost pay, said WOWT in a prior report, noting that any business in the food chain, from farm to table, could be potentially liable in the multi-state outbreak. From farm to table includes just that: Any party involved in the process, for instance, grocery stores and restaurants, in addition to growers, processors, and distributors.


Salmonella causes 40,000 confirmed cases each year, but, says the U.S. Centers for Disease Control and Prevention (CDC), is probably responsible for close to 40 times that—a stunning 1,600,000—noting that 2,500 subtypes of Salmonella exist, said MSNBC in an earlier report. Salmonella can cause serious, sometimes fatal salmonellosis infections in young children and weak or elderly people. Healthy people may experience fever, diarrhea, nausea, vomiting, and abdominal pain, if infected. Without treatment, severe cases of Salmonella can result in death.

Labels: Farron Cousins, Lawsuit, News Update, Peanut Butter, Salmonella, Supreme Court

In the midst of all the hullabaloo over AIG's decision to award $165 million dollars worth of bonuses to executives, New York Attorney General Andrew Cuomo has decided to take action. Cuomo has issued a subpoena to AIG seeking a list with the names of executives receiving bonuses, which he had requested in the past. Cuomo said that he was disturbed by the company's decision to award these bonuses, in light of the fact that the company is failing, and over 79% of it is now owned by the government. Congressman Barney Frank is also speaking out against the bonuses, saying that if they can't be stopped, the government should consider firing some of these executives. Unfortunately, had the Obama administration acted, they could have easily prevented these bonuses from even going out, according to congressman Brad Sherman. Sherman told Talking Points Memo that the Treasury had a mechanism in place to stop this excess, but the administration missed their opportunity. Sherman actually predicted events like this, which is why he said he voted against the bailout – He knew that the Treasury would not enforce the rules that it had been given the authority to do. On top of this, experts are now warning us that it will be almost impossible for AIG to repay all of their bailout money to the government. The only logical step from here is criminal indictments and prosecutions. But, given the track record of the government for prosecuting those who screw over America, that's unlikely to ever happen.


In other news, a federal judge has ruled that it is ok for the Navy to spray recruits with a chemical that is known to cause death, and has been banned from international warfare. The decision is in response to a case brought by naval officers, who argued that the practice of subjecting trainees to a direct shot of pepper spray was dangerous and deprived them of their constitutional rights to due process and equal protection. They said the Navy could rely on less intense training methods, such as smearing a small amount of the spray on the skin beneath the eyes, or forcing trainees to walk through a room that had previously been sprayed. But Judge Richard Leon of the U.S. District Court for the District of Columbia said he wasn't in a position to overrule the Navy's decision to continue the practice. Inhalation of high doses of some of the chemicals found in pepper spray can produce adverse cardiac, respiratory, and neurological effects, including arrhythmias and sudden death. Our soldiers have enough to worry about these days – we don't need to be shooting them in the face with pepper spray to toughen them up.


And speaking of the US court system, Supreme Court Justice Clarence Thomas finally got something right. During a speech at Virginia college yesterday, Thomas told listeners that Americans today are too self-indulgent and don't make the sacrifices that their parents and grandparents did, and the nation's leaders don't ask people to act for the higher good. He added that our country and our principles are more important than our individual wants. He quoted President Kennedy's famous, "Ask not what your country can do for you" speech, but said Americans today are more likely to say, "Ask not what you can do for yourselves or your country but what your country can do for you." Ironically, Thomas is considered one of the more conservative judges on the bench today, but these ideals that he's talking about our almost uniquely liberal. Conservative philosophy teaches that each man or woman is responsible for themselves, and the goal is to ultimately be completely autonomous. On the other hand, liberals believe in the common good, stressing the importance of the group, rather than the individual. Maybe Justice Thomas is rethinking his outdated political positions, or perhaps he just forgot what his party actually stands for.

Labels: AIG, Andrew Cuomo, Barney Frank, Bonus, Brad Sherman, Clarence Thomas, Death, Farron Cousins, Lawsuit, Navy, Pepper Spray, Supreme Court

John Yoo, author of the notorious torture memos that allowed the Bush Administration to torture detainees, has found a new ally with the current Obama administration. Obama's Justice Department defended Yoo in a San Francisco federal court last week, arguing that a prisoner formerly held as an enemy combatant had no right to sue Yoo for writing legal memos that allegedly led to his detention and torture. Attorney Mary Mason repeated a claim made last year by the Bush administration, saying that the courts should not have the authority to question a president's actions during time of war. In addition to authoring many of the torture memos, Yoo also advised the Bush administration that the Geneva Conventions on humane treatment of captives did not apply to terrorist suspects classified as enemy combatants. The specific case in question here is the one of Jose Padilla, who was arrested in 2002 and held as an unlawful enemy combatant for three and a half years. After his time served, he was charged with taking part in an unrelated conspiracy to provide money and supplies to Islamic extremist groups. He was convicted and sentenced to 17 years in federal prison.


In related news, the US Supreme Court has refused to hear a case about whether US presidents have the authority to indefinitely detain a terrorist suspect in the United States without charges. The case has now been sent back for a new hearing before the federal appeals court in Richmond, Virginia, which ruled last July that former president Bush did have the power and authority to indefinitely detain prisoners. The appeals court in Richmond scheduled a session April 27 to hear arguments in the case. By refusing to hear the case, the Court has effectively delayed resolution on an issue that could greatly effect the 245 alleged enemy combatants currently being held at Guantanamo Bay. The Supreme Court has taken up the question of "enemy combatants" three times, and three times delivered setbacks to the government. In 2004, it gave them the right to legal counsel; in 2006, it outlawed military commissions set up by the president to try them. which were re-established by Congress three months later, and in 2006, it gave them access to US civilian courts.


In other news today, economists are now predicting that our current recession will be the longest and deepest this country has seen since World War 2. The last 2 major recessions, which occurred from 1973 to 75, and from 1981 – 82, both only last 16 months, meaning that if this recession hasn't been fixed by April, it will take the record as the longest since the war. Unemployment hasn't reached 1982 levels and the gross domestic product hasn't fallen quite as far. But the hurt from this recession is spread more widely and uncertainty about the country's economic health is worse today than it was in 1982. However, economists say that the outlook for today's recession is much bleaker than back then, as more people believe that we could be heading towards another Great Depression. For even more comparison, a new set of statistics has been released showing that: In 207,000 manufacturing jobs vanished in January, making it the largest one-month drop since October 1982. Major automakers' sales extended their deep slump in February, putting the industry on track for its worst sales month in more than 27 years. Struggling homebuilders have just completed the worst year for new home sales since 1982. There are 12.5 million people out of work today, topping the number of jobless in 1982. In addition, personal wealth is dwindling in the U.S., and the effects of the financial meltdown have been felt around the world.

Labels: Barack Obama, Detention, Economy, Farron Cousins, George W Bush, John Yoo, Justice Department, Lawsuit, Memo, Recession, Rendition, Supreme Court, Torture

From Star Tribune:

Associated Press


Last update: March 2, 2009 - 9:21 AM



WASHINGTON - The Supreme Court has turned down American and Vietnamese victims of Agent Orange who wanted to pursue lawsuits against companies that made the toxic chemical defoliant used in the Vietnam War.


The justices offer no comment on their action Monday, rejecting appeals in three separate cases, in favor of Dow Chemical, Monsanto and other companies that made Agent Orange and other herbicides used by the military in Vietnam.


Agent Orange has been linked to cancer, diabetes and birth defects among Vietnamese soldiers and civilians and American veterans.


The American plaintiffs blame their cancer on exposure to Agent Orange during the military service in Vietnam. The Vietnamese said the U.S.' sustained program to prevent the enemy from using vegetation for cover and sustenance caused miscarriages, birth defects, breast cancer, ovarian tumors, lung cancer, Hodgkin's disease and prostate tumors.


All three cases had been dismissed by the 2nd U.S. Circuit Court of Appeals in New York.


The appeals court said that lawsuit brought by the Vietnamese plaintiffs could not go forward because Agent Orange was used to protect U.S. troops against ambush and not as a weapon of war against human populations.


The other two suits were filed by U.S. veterans who got sick too late to claim a piece of the $180 million settlement with makers of the chemical in 1984. In 2006, the Supreme Court deadlocked 4-4 on whether those lawsuits could proceed.


The appeals court ultimately said no to both. In one case, the court said companies are shielded from lawsuits brought by U.S. military veterans or their relatives because the law protects government contractors in certain circumstances who provide defective products.


In the third suit, the appeals court ruled that the companies could transfer claims from state to federal courts.

Labels: Agent Orange, Dow Chemical, Lawsuit, Supreme Court, Veteran, Vietnam, War

Pharmaceutical giant Eli Lilly has finally admitted that they were at least a little bit deceptive in how they marketed their drug Zyprexa. Zyprexa was designed to reduce hallucinations associated with schizophrenia and bipolar mania, but evidence shows that the company marketed the drug largely off-label. After all, the market for a drug strictly used by mental patients wasn't exactly a cash cow for the company. Zyprexa is only approved for the treatment of schizophrenia and bipolar disorder and was being marketed for use in milder cases of bi-polar disorder and for dementia.


The admission of guilt, which is a misdemeanor with the FDA, was for the improper marketing of the drug from 1999 - 2001. In addition, the company has also agreed to pay over $1.4 billion in settlements. $615 million of that will be used to settle the criminal charges and about $800 million will be used to settle the civil investigations.


Here's some history of Eli's Zyprexa settlements from News Inferno:


In 2005, Lilly entered into an agreement in principle to settle about 8,000, or 75 percent, of the claims against the company related to Zyprexa, which involved claimants who asserted they developed diabetes-related conditions from their use of the antipsychotic. Also, atypical antipsychotic drugs, such as Zyprexa, were found to double the risk of heart failure and death, according to a study published in The New England Journal of Medicine. Said Reuters, that new study raised questions about claims that atypical antipsychotics are safer than older generation antipsychotics.

Labels: Eli Lilly, Lawsuit, Marketing, Off-Label, Pharmaceutical, Settlement, Zyprexa