Disabled Vet Challenges Medical Malpractice Ban in Supreme CourtWashington, DC On June 5, Staff Sgt. Ryan Carter, filed a petition for certiorari with the U.S. Supreme Court, challenging a 1950 judge-made rule that prevents “tortiously injured military service members” from filing veterans medical malpractice lawsuits against the federal government. The “Feres doctrine,” as this rule is known, has come under increasing criticism in recent years. Carter’s challenge stands out, however, because the facts giving rise to its application in his case are particularly troubling.
J&J Offers $6.48 Billion to Settle Ovarian Cancer Talcum Powder LawsuitsTrenton, NJ In May, Johnson & Johnson offered to pay roughly $6.48 billion over 25 years to settle all current and future talcum powder lawsuits. These lawsuits allege that baby powder containing asbestos-contaminated talc caused ovarian cancer. Erik Haas, J&J's worldwide vice president of litigation, insists that this offer is fundamentally different than the two that courts rejected before. If accepted, it would resolve 99.75 percent of J&J’s remaining talc lawsuits in the U.S.
Can a TPA’s Exploitation of a Plan Sponsor’s Breach of ERISA Duty Make the TPA a Fiduciary?New York, NY On May 31, U.S. District Court Judge Katherine Polk Failla denied Teachers Insurance and Annuity Association of America’s (TIAA) motion for summary judgment in a lawsuit that accused the insurance giant of aggressive and misleading sales tactics. TIAA’s “fear selling” strategy was crafted to persuade pension plan participants to move their accounts out of ERISA-protected plans into more expensive proprietary investment products marketed by TIAA.
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