Kennedy Hodges, L.L.P. Legal Blog

$40 Million Awarded in Drunk Driving Case

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 09 Mar 2010 20:37:00 +0000

The estate of a boy who killed by a drunken driver two years ago was awarded $40 million. The boy was killed in January 2008 by a woman who crashed into him after a night of drinking at a local restaurant. The jury apportioned liability between the restaurant, the drunk driver and the city of Tucson. The suit claimed that repairs that had been planned by the city could have prevented the accident. However, the year before, the city scrapped the plans. Kim Smith, Arizona Daily Star 02/15/2010

If you are looking for a Houston drunk driving accident attorney, please contact us.

Kennedy Hodges Sues US Renal Care

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 09 Mar 2010 00:05:00 +0000

Kennedy Hodges, LLP has filed a national lawsuit to recover overtime pay for nurses who worked for US Renal Care Inc. or its related companies from January 1, 2007 forward. Our investigation has revealed that US Renal Care is not paying overtime to its nurses when they work more than 40 hours in a week. Some of the nurses were paid in part on an hourly basis plus a salary. Other nurses were paid in part on a per patient basis plus on call time. Some nurses were paid a flat salary. The lawsuit alleges that none of these nurses are exempt from overtime despite the company’s position to the contrary. The overtime lawsuit against US Rental Care, Inc. will seek payment of back overtime pay, an equal amount as "liquidated damages" or a penalty, plus attorneys' fees and costs of court. If you would like to join this suit to reclaim your overtime pay from US Renal Care or would like to discuss this case further, please call 713-523-0001 or toll free at 877-342-2020. You mail also email your questions to Gkennedy@kennedyhodges.com.

Medication Errors Can Be Deadly

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 02 Feb 2010 00:23:00 +0000

Despite efforts to curb the number of medication errors, pharmacy mistakes still happen at an alarming rate. Medication errors kill at least one person a day and injure about 1.3 million people per year in the U.S., according to the FDA. New efforts are aimed at reducing the number of medication errors pharmacies and health care providers commit. Laura Landro, Wall Street Journal - 01/19/2010

If you are looking for a Houston pharmacy error attorney, please contact us.

False Patent Claims Can Cost Companies Big Money

noreply@blogger.com (dhodges@kennedyhodges.com) — Sun, 31 Jan 2010 19:10:00 +0000

A company that falsely advertises a product as patented for the purpose of deceiving the public can be held liable to the US government for "not more than $500" for each offense. 35 USC 292. The statute gives authority to "any person" to sue and collect 50% of the award.

This means that a company can be held liable for each product sold with a false patent claim attached to it. For companies that sell thousands of units, the result could be a recovery worth millions.

If you believe you may have a claim under the false patent marketing statute, please contact us.

Kennedy Hodges Preparing Suit Against Konica

noreply@blogger.com (dhodges@kennedyhodges.com) — Thu, 28 Jan 2010 15:29:00 +0000

Kennedy Hodges, LLP is preparing to file a national lawsuit on behalf of all technician employees of Konica Minolta Business Solutions, USA, Inc. and its related entities for overtime violations. The lawsuit alleges that Konica Minolta failed to compensate its technicians for the time they spent attending mandatory on-line training classes at home throughout the year and the time spent at training centers performing mandatory homework outside of the classroom. The lawsuit alleges that this practice of failing to pay overtime is a national corporate policy. The overtime lawsuit against Konica Minolta will seek to recover all back pay owed, "liquidated damages" (also known as double damages) and attorneys' fees. If you would like to join this suit to reclaim your overtime pay from Konica Minolta or would like to discuss this case further, please call 713-523-0001 or toll free at 877-342-2020. You mail also email your questions to Gkennedy@kennedyhodges.com.

Cell Phones May Be to Blame in 28% of Accidents

noreply@blogger.com (dhodges@kennedyhodges.com) — Wed, 13 Jan 2010 21:43:00 +0000

Of all the accidents in the United States, 28% involve the use of cell phones. The cell phone use includes text messaging while driving and talking. Most of these collisions are caused by cell phone conversations (1.4 million) and a lesser number are caused by texting (200,000). Washington Post 01/13/2010

If you were the victim of someone talking on a cellphone while driving or texting while driving, please contact us.

$176 Million Settlement for Nightclub Fire

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 12 Jan 2010 20:41:00 +0000

A nightclub will pay $176 million settlement to victims of one of the deadliest nightclub fire in the history of the United States. More than 300 victims of the 2003 Station fire will recover. The suit resolves claims against 65 defendants. Tracy Breton, The Providence Journal 01/08/2010

If you have been the victim of a fire and may have a claim, please contact us.

$78.5 Million Recovered in Whistleblower Suit

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 15 Dec 2009 15:58:00 +0000

The U.S. Government will recover $78.5 million to settle a Qui Tam action over recruiter pay practices. The University of Phoenix's parent company settled the False Claims Act suit that was brought by a group of former employees in 2003. The plaintiffs theory was that the University wrongly rewarded enrollment counselors largely on enrollment numbers, bilking the government out of millions of dollars. The plaintiffs will recover $30 million, including $11 million in attorneys' fees. Dawn Gilbertson, The Arizona Republic, 12/15/09

If you are seeking a Houston Qui Tam attorney, please contact us.

$89 Million Awarded in Drunk Driving Case

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 14 Dec 2009 21:12:00 +0000

A jury has awarded the family of a drunk driving victim $89 million. The driver was driving on a partially suspended license due to a previous drunk driving accident. Also injured in the crash was the decedent's fiance, who was pregnant at the time. Patrick M. O’Connell, St. Louis Post Dispatch 11/25/2009

Kennedy Hodges, LLP takes drunk driving accidents seriously. If you are looking for a drunk driving accident attorney, please contact us.

KH Now Listed with the National Association of Personal Injury Lawyers

noreply@blogger.com (dhodges@kennedyhodges.com) — Thu, 10 Dec 2009 22:08:00 +0000

Kennedy Hodges, LLP can now be found listed with the National Association of Personal Injury Lawyers. Please check out the website at http://www.napil.com/.

Walmart Settles Overtime Suit

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 07 Dec 2009 23:14:00 +0000

Wal-Mart will pay $40 million to settle a collective action suit that accused the retailer of violating the FLSA. The settlement could cover as many as 87,500 former and current employees who were denied meal breaks, overtime pay and other wages. Dave Copeland, Boston Globe 12/03/2009

If you are looking for a Houston overtime attorney, please contact us.

Ford Hit with $6.5 Million Verdict in Seatbelt Case

noreply@blogger.com (dhodges@kennedyhodges.com) — Wed, 18 Nov 2009 22:00:00 +0000

A jury has awarded a little boy $6.5 million who was severely injured due to a seatbelt defect. The jury found that Ford Motor Company caused the injuries via an adult seat belt installed in a Mercury Grand Marquis. Lawrence Buser, Memphis Commercial Appeal 11/13/2009

If you are looking for a Houston seatbelt attorney, please contact us.

Whistleblower Suit Filed Against Lockheed

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 16 Nov 2009 17:36:00 +0000

An engineer has filed a Qui Tam action against Lockheed Martin Corp. alleging that the company knowingly used defective stealth coatings on its F-22 Raptor aircraft. The engineer is seeking $50 million for each of the 183 aircraft built under the contract with the U.S government. Greg Bluestein, AP

If you are looking for a Houston whistle blower lawyer or a Houston False Claims Act attorney, please contact us.

Kennedy Hodges, LLP Is Revewing Whistle-Blower Cases

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 10 Nov 2009 18:24:00 +0000

Kennedy Hodges is reviewing cases involving the False Claims Act (Qui Tam), a 146 year old federal law that often ensnares health care providers and drug manufacturers. The pharmaceutical industry has been a popular target of whistle blowers in recent years. Accordingly, Kennedy Hodges is reviewing cases involving pharmaceutical sales in addition to individuals and institutions who seek reimbursements for health care, medical devices, testing, etc.

Because the government is paying more for individual health care - through Medicare, Medicaid, the VA - there are more false claims being made involving the health care industry. Accordingly, doctors, hospitals, drug makers, device makers and other health care providers are increasingly becoming the target of Qui Tam actions. However, our firm's inquiry is not limited to the medical industry as we are also seeking cases involving government contracts, including defense contracts.

Whistle blowers usually receive from 10 to 30 percent of the recovery due to the federal government. In many cases, a whistle blower can receive tens of millions of dollars from a single Qui Tam action.

If you are looking for a Houston Qui Tam attorney or a Houston False Claims Act attorney, please contact us. We will also review cases originating outside Texas and throughout the United States.

Pfizer Must Pay $75 Million in Punitives

noreply@blogger.com (dhodges@kennedyhodges.com) — Thu, 05 Nov 2009 18:52:00 +0000

Pfizer has been ordered to pay $75 million in exemplary damages to a lady who developed cancer following hormone replacement therapy. Jurors has already awarded her $3.7 million in compensatory damages due to her injuries from taking Prempro. Jef Feeley, Bloomberg 11/05/2009

Wrong Site Surgeries Draw a Fine

noreply@blogger.com (dhodges@kennedyhodges.com) — Thu, 05 Nov 2009 18:46:00 +0000

Rhode Island's largest hospital has been order to pay $150,000 and install cameras in every operating room following the fifth wrong site surgery in the past two years. In the most recent act of medical malpractice, doctors performed a procedure on the wrong finger of a patient. Felice J. Freyer, The Providence Journal 11/03/2009

If you are looking for a Houston wrong site surgery attorney, please contact us.

Big Verdict in Birth Injury Case

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 02 Nov 2009 23:46:00 +0000

A jury awarded $43.5 million to a woman who suffers cerebral palsy as a result of negligence during her birth. In 1984, the victim was deprived of oxygen because hospital staff failed to properly resuscitate her as a newborn. Robert Gavin, Alabany Times Union 10/09/2009

If you are looking for a Houston birth injury attorney, please contact us.

Lawsuits Filed Over Yaz

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 26 Oct 2009 14:47:00 +0000

Following the publication of two studies in BMJ, lawsuits have been filed over a birth control pill known as Yaz. Plaintiffs are alleging the drug has caused medical problems, including strokes. At least one plaintiff has alleged that Bayer aggressively promoted Yaz and misled patients about the risks associated with a new version of drospirenone, a synthetic form of the hormone progestin that Yaz and the older drug Yasmin use.

If you are looking for a Houston Yaz attorney, please contact us.

$3.1 Million Awarded in Drunk Driving Accident

noreply@blogger.com (dhodges@kennedyhodges.com) — Wed, 30 Sep 2009 15:37:00 +0000

A jury awarded $3.1 million of a woman who suffered injuries at the hand of a drunk driver. The jury found that the drunk driver was negligent in causing a head on collision that left the plaintiff with multiple injuries, including a broken arm, leg and foot.

If you are looking for a Houston drunk driving accident attorney, please contact us.

Michelin Hit With $12 Million Verdict

noreply@blogger.com (dhodges@kennedyhodges.com) — Thu, 24 Sep 2009 16:30:00 +0000

Michelin North America has been ordered to pay nearly $12 million to a paralyzed ten year old boy and the families of six other killed in an auto accident. The jurors found that a Goodrich tire plant manufactured a tire that separated and helped cause the wreck.

If you are looking for a Houston tire defect attorney, please contact us.

Low Wage Workers Are Routinely Denied Overtime Pay

noreply@blogger.com (dhodges@kennedyhodges.com) — Fri, 04 Sep 2009 16:56:00 +0000

Low-wage workers are often denied overtime pay and are often paid less than the minimum wage, according to a new study based on a survey of workers in New York, Los Angeles and Chicago. The study also found that 68 percent of the workers interviewed had experienced at least one pay-related violation in the previous work week. In surveying 4,387 workers in various low-wage industries, including apparel manufacturing, child care and discount retailing, the researchers found that the typical worker had lost $51 the previous week through wage violations, out of average weekly earnings of $339. That translates into a 15 percent loss in pay.

$18 Million Awarded in Trucking Accident Case

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 01 Sep 2009 21:20:00 +0000

A man who was seriously injured in a trucking accident that killed three people has been awarded $18 million. A federal magistrate awarded the damages after a one day bench trial. The plaintiff now requires around-the-clock care in a nursing home.

Overtime Suit Filed Against UPS

noreply@blogger.com (dhodges@kennedyhodges.com) — Wed, 26 Aug 2009 16:35:00 +0000

A suit has been filed against United Parcel Service, Inc. alleging violations of the Fair Labor Standards Act (FLSA). The suit claims account managers are not paid overtime and that UPS fails to properly track the number of hours employees work. The company's position is that account managers are correctly classified as exempt employees who do not qualify for overtime. Karen Jacobs and Robert MacMillan, Reuters 08/19/2009

If you are looking for a Houston overtime attorney, please contact us.

Medication Overdoses Happening at Alarming Rate

noreply@blogger.com (dhodges@kennedyhodges.com) — Tue, 25 Aug 2009 22:18:00 +0000

Over 70,000 children are poisoned each year by prescription or over the counter medications. More children are poisoned by these products more than any others. Most kids are poisoned by acetaminophen, opioid painkillers and benzodiazepine antianxiety drugs. Most overdoses occur in children under the age of five. Nicholas Bakalar, The New York Times 08/13/2009

Wireless Workers File Wage Suits

noreply@blogger.com (dhodges@kennedyhodges.com) — Mon, 17 Aug 2009 18:47:00 +0000

A federal class action was filed against AT&T for requiring its IT staff to remain on call, but not paying them for the work they performed while on call. Another suit was filed against T-Mobile USA accusing it of requiring sales associates to be on call, but not paying them for off the clock tasks.

If you are looking for an overtime attorney, please contact us.