Archives for March 2013

Sequestration and Its Effect on Individuals with Special Needs: Guest Post by Melissa L. Stuart

by: Melissa L. Stuart, Attorney
Much attention has been given to the automatic cuts to federal government spending, or sequestration. It is unclear what impact these spending cuts may have on people with disabilities and the families who care for them. My article on the Friendship Circle blog talks about which programs may be impacted by the spending cuts.

Supreme Court Raises the Bar for Bringing Class Actions in State Court

by: Scott D. Gilchrist, Attorney
The United States Supreme Court has ruled unanimously that under the 2005 federal Class Action Fairness Act a plaintiff may not avoid having his or her case removed from state court to federal court by stipulating that the total damages for the combined class are less than $5 million. Under the Act, federal courts have original jurisdiction over class actions in which, among other things, the combined amount in controversy for all proposed class members exceeds $5 million. 28 U.S.C. § 1332(d)(2). In some federal judicial circuits, plaintiffs filing smaller class actions in state court have been able to avoid having their claims removed to federal court by stipulating that the total amount at stake is less than $5 million. In Standard Fire Ins. Co. v. Knowles, Supreme Court Case No. 11-1450 (March 19, 2013), the high Court ruled that such stipulations were not effective.

What Creditors Don’t Know Can’t Help You: Indiana Court of Appeals Holds Ex Spouse Liable for Business Debt

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In a published opinion, the Indiana Court of Appeals taught a costly lesson to the former spouse of a business owner, and it’s one everyone involved in a small business (and their creditors) should heed. By failing to notify his former spouse’s landlord that his partnership with her had dissolved, an ex-husband became liable for more than $28,000 for a lease extension his ex-wife signed after filing for divorce. Curves for Women Angola v. Flying Cat, LLC, No. 76A04-1206-PL-312 (Ind. Ct. App. Feb. 26, 2013).

Weight-loss Drugs and FDA Recalls

by: Jeff S. Gibson, Attorney

As a product liability attorney, I hear too many stories about pharmaceuticals and medical devices that end up doing more harm than good to patients who are seeking treatment for a disease or illness. Serious injuries and deaths happen when companies place profits ahead of patients. Just last year the FDA approved two new drugs to fight obesity: Belviq and Qsymia. While I hope these drugs are able to produce good results for the patients who need them, I am skeptical about the performance of weight-loss drugs based on the number of FDA recalls in the past.