September 2006

 

Congress Probes Abuses in Mass Tort Screenings

Silicosis claims were “manufactured for money”
A congressional subcommittee highlighted potentially widespread abuses in mass tort litigation in recent hearings investigating how doctors, X-ray screening companies, and the plaintiff-side law firms that employed them apparently manufactured thousands of personal injury claims for silicosis, a lung disease caused by inhaling silica dust in mining and sandblasting. Some of the doctors, screening firms, and law firms are well-known participants in asbestos litigation.

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Utah to Allow Class Action Waivers in Consumer Credit Agreements

Enforceability an open question
Under a recently-enacted Utah statute sure to ignite further debate regarding the fairness of limiting access to the courts, consumers may begin to see new language in credit card agreements that eliminates their rights to participate in class actions.

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California High Court Rejects Harassment Claim

Sexual banter on set of ‘Friends’ not actionable
Can the use of vulgar language in the workplace constitute harassment based on sex within the meaning of California’s Fair Employment and Housing Act (FEHA)? Perhaps, according to the California Supreme Court, but not in the recent case of Lyle v. Warner Bros. Television Productions.

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