NIH researchers: genetic link to mesothelioma

On of the great mysteries is why some people develop an occupational cancer and others, similarly exposed, do not.  Now there are dramatic finding from an NIH study - identifying a genetic predisposition to developing mesothelioma - the asbestos-specific cancer of the lining of the peritoneum and the pleura of the lung.
h/t Jon Gelman - Injured Workers Law & Advocacy Group

Lessons of 9/11 for mass torts

Kenneth Feinberg, special master for the September 11 Victims Compensation Fund will be the featured speaker at a Tuesday September 11  (2:30 PM start) conference at Cardozo Law School on the lessons of 9/11 for mass torts.
The Agenda is here.

2d Circuit reinstates rape victim's award against Erie County

One of the most contentious issues in tort liability of public entities under 42 USC 1983  arises from the Supreme Court’s error in refusing to recognize vicarious liability of municipalities for rights violations by employees.  A plaintiff must prove directly an intentional tort - such as a policy level decision.  Key to this is notice of the risk - which must be knowingly ignored. “Deliberate indifference” is the key word.

In Cash v. Gallivan the U.S. Court of Appeals for the Second Circuit yesterday reinstated a jury verdict awarding $500,000 to a woman who was raped by a corrections officer at the Erie County jail.

The majority opinion by Judge Reena Raggi, joined by District Judge Jed Rakoff (sitting by designation), ruled that a prior incident of alleged sexual impropriety at the jail, coupled with a general awareness of sexual assaults in jails, was sufficient to put the county on notice.

Chief Judge Dennis Jacobs, who has grown very hostile to tort claims dissented.  The ruling, he declared with characteristic hyperbole, would be read to "impose strict liability on municipalities and policymakers for any incidents that arise in a prison."

Cash arose from a 2002 incident at the Erie County Holding Center, where Vikki Cash, who was being held in pretrial confinement, was raped by sheriff's deputy, Marchon Hamilton. Mr. Hamilton was charged with first-degree rape and pleaded guilty to third-degree rape.

Post-Traumatic Stress Disorder From 9/11 Still Haunts - NYTimes.com

Post-Traumatic Stress Disorder From 9/11 Still Haunts - NYTimes.com

Plaintiffs challenge GCCF's OPA compliance filed in BP oil spill MDL | Louisiana Record

Plaintiffs challenge GCCF's OPA compliance filed in BP oil spill MDL | Louisiana Record: "A motion filed in the U.S. District Court for the Eastern District of Louisiana claims that the Gulf Coast Claims Facility (GCCF) fails to comply with the Oil Pollution Act (OPA) in how it administers payments to victims of the 2010 BP oil spill.

Filed by attorneys in the plaintiff steering committee (PSC) in the massive multidistrict litigation (MDL) surrounding the Deepwater Horizon oil rig explosion and oil spill, the suit claims BP uses 'coercive' tactics when dealing with claimants seeking compensation through the GCCF.

The motion asks the U.S. District Judge Carl Barbier, who is overseeing the MDL, to appoint a special master to ensure BP and the GCCF are OPA compliant."

Democrats Break With Obama on Medicaid Lawsuits - NYTimes.com

Democratic Senators and members of Congress have urged the Supreme Court to imply a cause of action by individuals who assert that a state has refused to provide Medicaid benefits to which they are entitled under federal law. Douglas v. Independent Living Center of Southern California, No. 09-958 - GWC

Democrats Break With Obama on Medicaid Lawsuits - NYTimes.com: "In an unusual break with the White House, the Democratic leaders of Congress told the Supreme Court on Monday that President Obama was pursuing a misguided interpretation of federal Medicaid law that made it more difficult for low-income people to obtain health care."

OTHERWISE: IoM: FDA's 510(k) broken; should be replaced | theheart.org

The medical device review process should be scrapped, the Institute of Medicine concludes.

OTHERWISE: IoM: FDA's 510(k) broken; should be replaced | theheart.org

Getting "Don't Ask, Don't Tell" Done | The White House

Getting "Don't Ask, Don't Tell" Done | The White House: "Today, in accordance with this law, I signed the certification that will end “Don’t Ask, Don’t Tell” once and for all. The Secretary of Defense and the Chairman of the Joint Chiefs of Staff also have certified that the military is ready for the repeal. Sixty days from now, on September 20th, the repeal will be complete and gay men and women will be able to serve their country openly."

al.com: Mobile : Ken Feinberg agrees to independent audit of Gulf Coast Claims Facility

al.com: Mobile : Ken Feinberg agrees to independent audit of Gulf Coast Claims Facility: "Attorney General Eric Holder said in a letter dated today.

The letter, addressed to Feinberg, recounts a July 7, closed-door meeting between the two, at which Holder relayed concerns he’d heard during a late June visit to Mobile.

Holder wrote that he will hold the Claims Facility to 'the highest standards of efficiency, consistency and customer service,' adding that that resolving spill claims quickly must be the facility’s highest priority, notwithstanding the audit."

As Gulf Tourism Rebounds, BP Seeks to Lower Payments - NYTimes.com

As Gulf Tourism Rebounds, BP Seeks to Lower Payments - NYTimes.com: "GULF SHORES, Ala. — It seems like old times here on the Gulf Coast. The Flora-Bama Lounge is hopping, there’s a two-hour wait for a table at the Original Oyster House, and the first complaints you hear among the charter boat operators are about the latest fishing limits — not oil slicks."