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South Carolina Association for Justice
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  September 23, 2020


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Class Action

Protein Bar Labeling Suit Survives Motion to Dismiss
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On September 10, 2020, Southern California federal court Judge M. James Lorenz declined a motion to dismiss putative class claims against One Brands, alleging that the defendant, a subsidiary of Hershey Co., intentionally misled consumers as to the true ingredients in its popular protein bars. In the complaint, originally filed in January 2020, named plaintiff Brittany Sebastian alleges that reasonable consumers purchased the defendant’s protein bars based on the belief that the product’s label contained accurate nutritional information.
Elizabeth DiNardo, Esq., Associate Counsel, Counsel Financial 09/23/2020   Facebook iconTwitter iconLinkedIn Icon
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Surgical Staplers Can Cause Serious Injuries, According to Newly Released Data
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A number of lawsuits have been filed alleging that surgical staplers have been causing serious injuries to patients for many years. Complications related to the staplers were recently released after being concealed by the FDA in a database. With defective surgical staplers, surgical repairs can break loose and cause the contents of an organ that is undergoing repair to be released into the surrounding body. Lawsuits filed against Medtronic and Covidien blames the manufacturers for serious health complications related to stapler use.
Jane Mundy, Lawyers and Settlements 09/21/2020   Facebook iconTwitter iconLinkedIn Icon
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Funeral Director Accused of Mishandling Bodies, Lying on Death Certificates
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A funeral director from Lancaster County, Pennsylvania, is headed to trial after being accused of mishandling bodies and lying on death certificates. The criminal charges were filed after four bodies were found at the funeral home which had not been embalmed, sealed, or refrigerated as required by law. In addition to the charges, 10 instances of misconduct have been filed in support of the director's suspension earlier this year with the State Board of Funeral Directors. The Pennsylvania Attorney General's Office announced a lawsuit against the defendant seeking to permanently close his funeral home.
Steve Marroni, 09/21/2020   Facebook iconTwitter iconLinkedIn Icon
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Lawsuit Accuses Deputies of Taking Photos at Kobe Bryant Crash Site
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Los Angeles County has been hit with a lawsuit filed by Vanessa Bryant over photos deputies took at the crash site where her husband Kobe Bryant and his daughter died. The two were killed along with seven others following a helicopter accident near Calabasas, California, on Jan. 26. According to the recent lawsuit, at least eight sheriff's deputies took photos on their personal cell phones of the crash, and a deputy trainee shared a photo with a member of the public. Shortly after the crash, legislation was passed barring public safety personnel from taking or sharing such photos. The lawsuit was filed last Thursday in the Superior Court of California.
Chris Bumbaca, Arizona Republic 09/22/2020   Facebook iconTwitter iconLinkedIn Icon
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Court Awards $9.3M to Man Left Impotent After Surgery
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A multimillion-dollar damage award has been upheld for a man who was left impotent following a surgery he did not authorize. The plaintiff went to Loma Linda University for a simple outpatient procedure to remove a small mass in his scrotum for testing. When surgeons discovered an even larger mass, they removed it without seeking his consent or the consent of his designated proxy. Following the surgery, the plaintiff was left impotent and sex is now painful. The California appeals court found the state's $250,000 cap on noneconomic damages in medical malpractice cases does not apply to claims of intentional misconduct.
Daniel Fisher, Legal Newsline 09/23/2020   Facebook iconTwitter iconLinkedIn Icon
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Wrongful Death

$2.7M Awarded to Mother of Pedestrian Killed in Hit-and-Run in Mississippi
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A $2.7 million default judgment has been granted to the family of a Mississippi man who was struck and killed by a driver who fled the scene. The 26-year-old man was struck by a Wade resident, who left the man in a ditch following the accident. A Hinds County Circuit judge handed down the judgment after the defendant failed to the lawsuit filed by the victim's mother. The defendant pleaded guilty to leaving the scene of an accident and was sentenced to five years in prison but was released after serving about two years.
Jimmie E. Gates, The Jackson Clarion-Ledger 09/23/2020   Facebook iconTwitter iconLinkedIn Icon
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Sisters of Factory Worker Killed on the Job Withdraw Lawsuit
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The sisters of a Connecticut factory worker killed on the job have withdrawn a wrongful death lawsuit over their brother's death. The 29-year-old man died in June 2019 after becoming entangled in a conveyor belt system at New Milford Block & Supply. His sisters filed suit against New Milford Block & Supply and The Montfort Group alleging the defendants' "carelessness and negligence" resulted in their brother's death. A pretrial hearing was scheduled in the case for April 2021, but the plaintiffs filed a motion for dismissal on Monday.
Kendra Baker, New Haven Register 09/22/2020   Facebook iconTwitter iconLinkedIn Icon
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The South Carolina Association for Justice (SCAJ) was founded over 50 years ago by a small group of trial lawyers. Since then, our mission has been to serve our members and those we are sworn to protect.  We work to uphold and defend the constitutions of our state and nation. We fight tirelessly to protect the rights of the individual; to seek justice through open and fair courtrooms; to resist unjust laws; to support policies that hold wrongdoers accountable; to strengthen the civil justice system through education; and to uphold the highest standards of ethical conduct and integrity in the legal profession.

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