Finch McCranie, LLP

Product Liability Claims Involving Byetta

Three new lawsuits were filed in the state of California in September concerning the injectable diabetes drug Byetta. The lawsuits allege design defect and inadequate warnings of the drug’s alleged links to pancreatitis. The lawsuits name the manufacturer, Amylin, and the marketer, Eli Lilly, as the named defendants in the suit.
Byetta is a injectable drug for adult Type 2 diabetes. The principle ingredients of the drug are a derivative of the saliva of the Gila Monster, a lizard found in the southwestern United States.
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Brain Injuries Cause Half of Seniors’ Fall Deaths

As Georgia trial lawyers we have handled a wide variety of slip and fall injury cases. While serious injuries from falls can occur at any age, it can be particularly serious for senior citizens. The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls. The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the
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Car Accidents, Personal Injury and Tort Reform

Not only must Georgia car accident, truck accident, and other personal injury victims fight the insurance companies to get a fair shake, but now days they must also swim against the tide of so-called “tort reform.” Brainwashed by propaganda, bought and paid for by the most dangerous industries and their insurers, potential jurors naturally come into court believing that all injured litigants are exaggerating – or worse. Sadly, we taxpayers often end up paying the medical and other bills that the wantonly, careless and dangerous
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Georgia SUV & Pickup Truck Rollovers -The Importance of Electronic Stability Control

Severe personal injuries – often including spinal paralysis, closed head injury brain damage, and even death – frequently result from vehicle damage that is sustained in rollover car accidents in Georgia and other states. According to April 19, 2007 Status Report published by the Insurance Institute For Highway Safety, nine vehicles, all SUV’s and pickups, have more than 75 deaths per million vehicles in single vehicle rollover crashes, compared with an average of 24 in all 2001-04 vehicles during 2002-05. This higher rate is largely
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Sovereign Immunity: An Antiquated Doctrine With Harsh Results

When I speak to potential clients about claims against government employees and entities, they are often startled to learn about the antiquated but harsh doctrine of sovereign immunity. Many states have made changes to their laws to minimize the impact of this legal doctrine upon the innocent. However, in many circumstances, states like Georgia still employ the doctrine to defeat the claims of those injured by government actors. While some improvements in the law have been made, regrettably, they have not been sufficient to address
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Van Accidents

Large vans are frequently used to transport college and other school sports teams, commuters, students, day care children, the elderly, and church groups. The accident rates for these vans are alarming.
According to the National Safety Transportation Board, between 1994 and 2004, there were 1,512 fatal crashes involving 15-passenger vans. In 2004 alone, 120 occupants of 15-passenger vans died in crashes involving these vehicles A total of 642 of these were single-vehicle crashes and 515 of the vehicles rolled over. More than half of the
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Soccer Goal Recall

About 190,000 MacGregor and Mitre folding soccer goals were recalled Tuesday, after the death of a young child. The recalled goals were manufactured in China. Anyone having one of these goals should remove it immediately.
The Consumer Product Safety Commission said a 20-month-old boy from Texas was strangled when his head and arm became entangled in the net of one of the recalled goals.
The gaps in the recalled nets are about 20 square inches, which is a dangerous size according to the CPSC. The
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Spanair JK5022 (Update): Abogados especializados en casos de Litigacion Internacional de choques aereosdente aereo

Spanair JK5022: Creo que le interesaría ver este video animado, el cual fue preparado por la firma Kreindler:
http://www.kreindler.com/kreindler_news/news_current/Spanair5022-Full-animation-video.html
Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).
__________________

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Legal Remedies for Victims of Sexual Assault

In our serious injury practice, regrettably, we have seen more and more cases involving sexual assault. These cases arise in of a variety of contexts. We have seen assaults on minor children committed by third parties (such as school or church officials), we have seen sexual assaults on wards of mental institutions committed by employees entrusted with their care and we have seen sexual assault cases involving rape where there has been negligent or gross security by apartment complexes where, for example, the tenant is
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Zyprexa Documents Unsealed

Highly respected Judge Jack B. Weinstein of the United States Federal District Court in Brooklyn decided on Friday to unseal confidential materials about Eli Lillys top-selling antipsychotic drug Zyprexa.
Judge Weinstein’s ruling was part of an order that gave class-action status to a case brought by insurance companies, pension funds and unions that allege Lilly owes them billions of dollars they spent on the drug. They allege that Lilly hid the side effects of the drug and marketed it for unapproved uses.
The Judge ordered
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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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