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Customer entitled to damages after CVS adds name to mailing

A CVS customer was entitled to damages after his name and address were taken from a prescription list and used as part of a mailing campaign without his permission, according to a recent ruling by a Massachusetts Superior Court judge. ...

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Preemption on the front burner in D.C.

The issue of federal preemption of state claims is a hot-button topic in the nation’s capitol. As the U.S. Supreme Court prepares to take on the question in several cases this term, lawmakers recently held a hearing on whether federal ...

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Pollution decisions a mixed bag

Armed with two U.S. Supreme Court decisions delivered in April, environmental attorneys have asked courts across America to force utility companies and automakers to tighten pollution controls. But decisions in lower courts since the landmark rulings have offered a mixed ...

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Wyeth hit with $134M verdict in hormone therapy case

Three Nevada women recently won the biggest verdict yet in the ongoing hormone replacement therapy litigation against Wyeth – convincing a jury the company knew its drugs caused breast cancer but failed to test them or warn patients about the ...

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Prejudgment interest allowed on counsel fee damage award

A woman who defeated an insurance company in a lawsuit is entitled to prejudgment interest after a trial court judge awarded her counsel fees as part of her actual damages, the Massachusetts Appeals Court recently decided. The insurance company argued ...

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Sick pay due despite changes to personnel manual

A retiring employee could cash in unused sick time he accumulated before his employer reduced the compensation rate for accrued sick leave, the Massachusetts Appeals Court recently decided.

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Blind shoppers can pursue class action

Blind shoppers can pursue an Americans with Disabilities Act class action against Target based on the inaccessibility of its website, a U.S. District Court judge in California recently ruled in National Federation of the Blind v. Target Corp. (No. 06-1802). ...

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Merck agrees to $4.85B Vioxx settlement

Merck & Co. recently agreed to pay $4.85 billion to settle the majority of claims over injuries linked to its Vioxx painkiller. Without admitting wrongdoing, the Whitehouse Station, N.J. pharmaceutical company agreed to settle most claims filed as of Nov. ...

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Fighting governmental efforts to limit defense access to evidence

Federal prosecutors continue to interfere improperly with defense access to witnesses and documents. This article addresses the prosecutorial practices of seeking to limit defense access to grand jury and trial witnesses, and requesting corporations to withhold documents from defense counsel ...

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