The lawsuit was filed in the U.S. District Court for the Southern District of Texas Aug. 31 by Vallourec Drilling Products USA Inc. (Vallourec) against B.J.’s Drill Stem Testing, Inc. d/b/a Drill Tech LLC (Drill Tech).

According to the lawsuit, Drill Tech purchased 60 joints of 4-inch heavyweight drill pipe and 620 joints of 4-inch drill pipe from Vallourec. The complaint alleges that the drill pipe was delivered, but Vallourec has not received the full payment of $1,282,748.40.

Vallourec claims that Drill Tech paid a deposit of $384,824.52, but failed to pay the remaining balance. According to the complaint, the parties had agreed that the pipe would be delivered “Ex-Works,” meaning that it would be considered delivered once the seller made the goods available for pickup by the buyer. Vallourec claims that it made the pipe available for pickup, but Drill Tech failed to take physical possession after delivery, and Vallourec has therefore incurred storage and other expenses. The plaintiff further alleges that it has been unable to resell the goods, despite commercially reasonable attempts.

The plaintiff is seeking payment for past-due amounts, pre- and post-judgment interest, court costs, attorney fees and other relief to which it may be entitled. A jury trial has been requested.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The complaint states that the children were born between 1996 and 2008, and alleges that their injuries were caused by the mothers’ ingestion of Depakote while they were pregnant. The defendants were engaged in the formulation, design, manufacture, licensing, testing, advertisement, marketing and sale of the drug Depakote, which was taken to manage seizures. The plaintiffs claim medical researchers established that the medication posed a greater risk for pregnant women.

As a consequence of their ingestion of the drug, the children suffered serious and permanent injuries, became physically impaired and disfigured, and experienced a considerable amount of physical and mental pain and suffering. In addition, they were beset by medical expenses, lost earnings, loss of potential future earnings, and attorney fees and court costs.

The plaintiffs are requesting damages for the following torts:
• Product liability
• Negligence
• Breach of express warranty
• Breach of implied warranty
• Fraud and misrepresentation
• Misrepresentation by omission
• Willful and wanton conduct
• Negligent infliction of emotional distress
• Intentional infliction of emotional distress

They are requesting actual damages, punitive damages, court costs and any other remedy that the court thinks is suitable.

Depakote presents a high risk of birth defects, particularly for those women who take the maximum dosage of 1,000 mg on a daily basis. Women who ingest Depakote are also more prone to develop symptoms of polycystic ovarian syndrome (PCOS), which can cause the growth of cysts on the ovaries, and prevent women from becoming pregnant. Among the birth defects caused by ingestion of Depakote are spina bifida, cleft palate and reduced intelligence.

If your child suffered a birth injury due to the negligence of a hospital or manufacturer, call the birth injury attorneys at Briskman Briskman & Greenberg.

Hyperdynamics Corp. filed suit claiming that Dana Petroleum PLC and Tullow PLC used a now-settled foreign corruption investigation under the U.S. Foreign Corrupt Practices Act to delay drilling activities long after the investigation was resolved. The lawsuit claims that the delays are putting in jeopardy the drilling of a well that a contract requires to be completed by September. According to the lawsuit, the small company could lose its concession, which is its sole asset, if the well is not completed on time.

Hyperdynamics claims that the defendants are in breach of the joint operating agreement and is acting in bad faith, because its supposed reason for failing to proceed has no foundation, as the investigation is now settled. Hyperdynamics said that it had provided its partners with new contract assurances from the government of Guinea. Previously, the partners had claimed that they were concerned that the government of Guinea could invalidate the concession.

Hyperdynamics has requested an injunction from the U.S. District Court for the Southern District of Texas, requiring Tullow to begin drilling operations again. Hyperdynamics has also filed an arbitration request seeking “further damages.”

Hyperdynamics resolved the corruption investigation with a $75,000 settlement, which was seen as a victory for the company, but the allegations have continued to cause problems.

Gregory D. Jordan is an Austin Oil and Gas lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Bradford Thompson brought a complaint in the U.S. District Court for the Southern District of Texas, Houston Division, against Total Petrochemicals and Refining USA Inc. The lawsuit, filed on May 6, claimed violation of the Family and Medical Leave Act (FMLA) in 2014 and 2015.

The lawsuit alleged that Thompson has been employed by Total Petrochemicals for more than 19 years and required extensive medical leave in 2014 due to two separate instances of surgery and hospitalization. Thompson claimed that his need for FMLA leave was clearly communicated to his employer. He first suffered a ruptured appendix and later had complications following cataract surgery.

According to his lawsuit, Thompson did not exceed his allotted FMLA leave. After returning to work in March 2015, Thompson claimed that he was put on notice for unsatisfactory work performance and was given a negative work assessment, most of which he was not allowed to see.

Thompson claims that after he argued that he was being criticized on a pretext and that his employer was retaliating against him, he was denied a raise. Thompson claims loss of wages and benefits, emotional distress and damage to future employment prospects. The lawsuit seeks declaratory relief, back and front pay, other damages and attorney’s fees and costs.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Linda J. Donnie is suing Central United Life, claiming employment discrimination. Donnie filed the lawsuit in the Houston Division of the Southern District of Texas on October 27.

The lawsuit claims that Donnie was hired as associate manager of the underwriting department of Central United Life. She had 14 years of prior experience. According to the complaint, positions under Donnie were eliminated, leaving her solely responsible for the department. The complaint alleges that after a younger white woman was hired as chief operations officer, Donnie, an African-American, began to have her decisions questioned and overriden. Donnie claims that she was presented in a bad light to the corporation and to customers.

The lawsuit states that after Donnie filed a grievance, she was required to participate in an “improvement plan” and experienced a hostile work environment. She was ultimately dismissed for stated grounds based on an underwriting decision she had made a year earlier. The lawsuit claims age discrimination, racial discrimination, retaliation and harassment. Donnie is seeking damages, front and back pay, reinstatement and an injunction against further discrimination.

Gregory D. Jordan is a business lawyer and business litigation attorney in Austin, TX. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The jury verdict was accepted by the U.S. District Court for the Southern District of Texas, while allowing W&T to file any post-verdict motions.

Apache Corp., an independent oil and gas exploration and production company, has operations in Canada and Egypt, in addition to the United States. W&T Offshore has operations in approximately 66 offshore fields in the Gulf of Mexico. W&T also has onshore operations in the Permian Basin of West Texas, but a substantial majority of the company’s operations are offshore.

W&T filed the lawsuit against Apache, also based in Houston, in 2011, claiming that the energy company breached a processing contract and recorded inaccurate figures regarding how much processed oil was owed to W&T.

Apache has now filed a countersuit claiming $31.5 million in damages. Apache representatives stated that W&T breached the joint operating agreement by failing to pay its assigned share of 49 percent of costs associated with plugging and abandoning three Gulf of Mexico offshore wells.

An Apache spokesman said that W&T refused to comply with “clear contractual obligations,” leading Apache to file the countersuit.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Tesha Faith Garganta filed the lawsuit against the Spring Independent School District on February 6 in the U.S. District Court for the Southern District of Texas, Houston Division. Five staff members were also named as defendants: Jeremy Hubbard, dean of instruction; Dean McKeithen, human resources director; Julie Allen, Title IX coordinator; Lenny Hardoin, principal; and Ralph H. Draper, superintendent.

The lawsuit alleges that on November 5, 2013, while Garganta was employed at Edwin M. Wells Middle School as a secretary and bookkeeper, she asked Hubbard to show her where supplies were kept in a room. The complaint alleges that Hubbard followed her into the room, closed the door and made remarks of a sexual nature. The lawsuit also alleges that further incidents took place in December 2013.

According to the complaint, Garganta’s work performance and health were affected by the discrimination and harassment, and no corrective action was taken by the school district. Garganta is seeking damages for lost wages, physical and emotional distress, impairment of earning capacity, medical expenses, punitive damages and attorney’s fees and costs.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Citgo Petroleum Corporation filed the lawsuit against Daibes Oil and Fred A. Daibes in the Southern District of Texas, Houston Division, on October 14.

The lawsuit alleges that Citgo and Daibes Oil entered into a marketer-franchise agreement whereby Daibes would purchase motor fuel from Citgo for resale under the Citgo brand name to consumers and retailers. According to the complaint, they entered into the agreement on February 16, 2012.

Also according to the complaint, Daibes Oil has failed to pay more than $359,000 for fuel purchases made in January. Citgo also alleges that in 2013, Fred Daibes signed a guaranty for the agreement, and that he has failed to comply with its terms.

Citgo also alleges that it provided branding materials on the condition that Citgo would be reimbursed if the service stations debranded within a 60-month amortization period, and that Daibes Oil failed to reimburse Citgo under the contract. Citgo also alleges trademark infringement, claiming that Daibes Oil has sold non-branded motor fuel under Citgo’s name.

Citgo is seeking damages, interest, attorney’s fees and costs.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

David Yurman Enterprises filed the lawsuit against Sam’s Club on September 4 in the Southern District of Texas, Houston Division.

According to the complaint, Yurman sells its jewelry at boutiques located across the United States and through authorized retailers. Yurman claims that its jewelry is well-known by consumers and the industry for its quality and uniqueness of design.

The complaint alleges that Sam’s Club recently began selling Yurman’s jewelry at discounted prices in stores located in Harris, Fort Bend and Montgomery counties. However, Yurman claims that Sam’s Club was not approved to carry the jewelry and is not an authorized retailer. Yurman claims that the conduct by Sam’s Club has caused confusion and disappointment among consumers by creating the false impression that the warehouse club is an authorized retailer. According to the lawsuit, unlike authorized retailers, Sam’s Club is not able to offer certain services to consumers.

The lawsuit states that Sam’s Club is making prominent use of the Yurman trademark, packaging and placards, including a purported Yurman certificate of authenticity.

The lawsuit alleges false designation, trademark infringement, tortious interference with contract and unfair competition. Yurman seeks a court order prohibiting Sam’s Club from using Yurman’s trademark, and from acquiring and reselling its jewelry. The lawsuit also seeks unspecified damages, attorney’s fees, costs and other relief.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Alicia Thornhill filed the lawsuit October 9 in the Houston Division of the Southern District of Texas. She claims that her employer prevented her from advancing during her eight years of employment, despite less-qualified male employees being promoted to higher positions.

Thornhill claims in the lawsuit that she was hired in May 2005 and is the only woman working in the company’s IT server department. She claims that male employees who were unqualified and inexperienced or who had committed work infractions were promoted ahead of her, even though she had a positive work history.

Thornhill also claims that she has been repeatedly denied the opportunity to receive training that would allow her to advance in her employment. According to the lawsuit, the company granted requests by male employees in the IT department to receive training in various locations across the country, but Thornhill’s requests were not approved or denied outright.

The lawsuit also alleges that Thornhill was held to a different standard of discipline than her male colleagues, who were spared the discipline expected of her.

Thornhill has requested a jury trial.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The plaintiffs in the lawsuit were employees of F&M Bank, based in Tulsa, Oklahoma. As part of a merger between F&M Bank and Texas-based Prosperity Bank, Prosperity offered the employees new employment agreements that included non-compete agreements.

After the April 2014 merger, some employees were dissatisfied with their new positions and filed suit in Oklahoma state court, seeking a declaration that the non-compete agreements were not enforceable. Prosperity filed an action in Texas state court, seeking a declaration that the non-compete agreements were enforceable. The cases were removed to federal court and consolidated in the Southern District of Texas.

After the employees resigned their positions with Prosperity and began working at CrossFirst Bank in Tulsa, dueling choice-of-law motions were filed by the parties. Although the case was in federal court in Texas, concerning a Texas employer, and the non-compete agreements had a Texas choice-of-law provision, the court ruled that Oklahoma law applied, as the employees lived and worked in Oklahoma.

Oklahoma law is far more restrictive of non-compete agreements than Texas law, and the court entered summary judgment for the plaintiffs, holding that the non-compete agreements were not enforceable.

Gregory D. Jordan is an Austin business attorney and business litigation lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

William Packard was prescribed Xarelto in January 2012 to treat a nonvalvular atrial fibrillation. In June 2012, Packard suffered a subdural hemorrhage, or hematoma. Excess blood collected between the layers of tissue around the brain, causing pressure on the brain. Packard was admitted to the hospital, where doctors attempted to alleviate the pressure by drilling a burr hole through the scalp. However, the procedure was not enough to save Packard’s life.

In her lawsuit against Johnson & Johnson and Bayer AG, the manufacturers of Xarelto, Nancy Packard alleges that the defendants did not provide proper warnings about the risks of taking the drug — particularly about the fact that excessive bleeding could be irreversible. When other anticoagulants, such as warfarin, are used, vitamin K injections can be used to stimulate blood clotting in case of excessive bleeding. However, there is no such antidote for Xarelto.

Packard also alleges that the defendants’ marketing of the drug failed to acknowledge the danger of irreversible bleeding.

The lawsuit was filed in the U.S. District Court for the Southern District of Florida, seeking compensatory and punitive damages in excess of $75,000.

If you need to speak with a wrongful death attorney or lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Robert Green filed the lawsuit in U.S. District Court for the Southern District of Texas, Houston Division.

In the lawsuit, Green says that he is an African-American male who was employed as a fourth grade teacher in the school district. He claims he was told in April 2013 that his contract would not be renewed due to poor job performance. Green states that he was not informed of any issues regarding his job performance beforehand.

Green alleges that in March 2013, a new principal, Toren Woolridge, was hired. Green claims that Woolridge criticized his job performance and accused him of threatening Woolridge, but that Woolridge actually threatened him. Green said he filed claims with the Texas Workforce Commission Civil Rights Division and the Equal Employment Opportunity Commission reporting the incident.

According to further claims in the lawsuit, Green was not given an opportunity to correct any alleged deficiencies in his job performance before his employment was terminated.

Green alleges race discrimination, breach of contract and retaliation. He is seeking an unspecified amount of damages for lost pay, earning potential and benefits.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Cleveland McGuire filed the lawsuit against Mundy Companies Inc. in U.S. District Court for the Southern District of Texas, Houston Division.

McGuire says in the lawsuit that he is an African-American male who worked as a general foreman in charge of maintenance operations at Mundy’s plant. He claims that he was the only black male supervisor at the plant.

According to the lawsuit, on October 9, 2013, a white female worker became upset over a workplace incident involving a black worker and began shouting racial slurs directed toward McGuire. McGuire claims that he reported the incident to a Mundy superintendent and shift leader, but no action was taken. McGuire states that after he reported the incident, the white female worker made false claims of sexual harassment against him.

McGuire claims that he was wrongfully terminated on October 21, 2013. A white man was hired to fill his position. According to the lawsuit, after McGuire complained to the company, Mundy rehired him in a lower-paying position. However, on November 18, 2013, McGuire filed an Equal Opportunity Commission complaint based on the previous incident. He claims that his employment was then terminated for a second time in retaliation on December 16, 2013.

McGuire claims race discrimination, retaliation and age discrimination. He is seeking compensatory and punitive damages for lost earnings, lost wages and mental pain and suffering. He has requested a jury trial.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The named plaintiffs in the claim under Washington state law, however, did not opt in and filed objections. The court denied their objections, along with a motion for reconsideration, holding that the plaintiffs lacked standing because they were not opt-in members of the collectives. The court also held that even if the plaintiffs had standing, they had not shown that the settlement was substantively unreasonable or unfair. 

The court noted that potentially valuable legal rights were given up in the settlement, and that plaintiffs were entitled to accept a certain sum in exchange for the sacrifice of uncertain potential future recovery. The court, therefore, granted the settlement final approval.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Gaspar Salas filed the lawsuit in the Southern District of Texas on June 12.

The lawsuit claims that Salas was hired July 11, 2011 to work as a machinist for GE Oil & Gas. According to the complaint, Salas’ supervisor used derogatory language to criticize his Mexican nationality and his intelligence. The complaint alleges that Salas and other Hispanic employees were disciplined for conduct that other, non-Hispanic workers also engaged in but were not disciplined for.

According to Salas, he reported his supervisor’s behavior to human resources and a manager on eight occasions. He claims that the abuse from his supervisor increased in retaliation for the reports. Salas claims that his supervisor cut his hours and told other employees to find a reason for Salas to be fired.

The lawsuit accuses GE Oil & Gas of discrimination, race discrimination and retaliation — in violation of Title VII of the Civil Rights Act of 1964. The lawsuit seeks a court order enjoining the defendant from unlawful employment practices. In addition, the complaint demands a jury trial and asks for actual, exemplary and treble damages within the court’s jurisdictional limit, attorney’s fees, costs and other relief that the court may deem just.

Gregory D. Jordan is an Austin Oil and Gas lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The lawsuit was filed in the U.S. District Court for the Southern District of Texas (Houston Division), claiming violation of the Family and Medical Leave Act (FMLA). In addition to Shell Oil Co., Shell Exploration & Production Co. was also named as a defendant.

According to the complaint, Ryder began working for Shell in June 2008. In August 2011, she signed a contract agreeing to remain employed with the company through July 31, 2013 in exchange for a retention payment of $60,300. Ryder learned she was pregnant in the spring of 2013.

Ryder claims she informed Shell of her pregnancy and stated that morning sickness had caused her to miss four days of work in May 2013. Ryder claims she was asked to submit leave paperwork under the FMLA and did so on June 27, 2013, but she inadvertently omitted the time period for which leave was requested. According to the lawsuit, her employment was terminated on July 8, 2013, and Shell declined to pay the retention bonus, asserting that Ryder did not remain employed until July 31.

Ryder is seeking the amount due under the retention agreement, back pay and front pay.

Gregory D. Jordan is an Oil and Gas lawyer in Austin. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

The lawsuit was filed by Adriana Alcantara in the Houston Division of the Southern District of Texas February 25, naming the University of Houston as defendant and alleging employment discrimination.

The lawsuit alleges that Alcantara was harassed by an assistant professor, Dr. Leigh Leasure, while she was employed as a professor at the university, beginning in September 2007. Alcantara taught phycology, the study of algae.

According to the suit, Leasure yelled at Alcantara, prevented her from using essential lab equipment, and interfered with her experiments and recruitment of students.

The suit also claims that Leasure was a participant in Alcantara’s tenure evaluation, and that Alcantara was denied tenure on May 29, 2012. Alcantara alleges that she was denied tenure because she is a Hispanic female.

Federal law and Texas law prohibit employment discrimination based on race or gender.

The lawsuit seeks back pay and benefits, damages, attorney’s fees, interest and court costs. The case is Houston Division Court Case No. 4:14-cv-00463.

The University of Houston is a state research university with nearly 41,000 students and more than 3,000 academic staff members.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

Stephanie Strickland filed the lawsuit in St. Clair County Circuit Court as the special administrator of Carolyn Strickland’s estate. The defendant is Caseyville Nursing and Rehabilitation Center Inc.

The lawsuit claims that while Carolyn Strickland was a resident of the nursing home, she received negligent care and developed osteomyelitis, ulcers and gangrene, which necessitated the amputation of her leg. The lawsuit also claims that she developed a post-surgical wound infection and sepsis, which contributed to her death.

The lawsuit claims that the nursing home was negligent in caring for Strickland. Stephanie Strickland, her daughter, is seeking over $50,000 in damages. She is currently represented by attorney Staci M. Yandle. However, Yandle currently has a pending nomination to serve as a federal judge in the Southern District of Illinois in Benton.

Nursing home neglect and abuse may be more prevalent than was previously thought. A recent study revealed that more than 30 percent of nursing homes in the U.S. have been cited for abuse. It is estimated that 2.1 million older Americans are the victims of abuse in nursing homes each year. Other evidence suggests that more than 90 percent of nursing homes fail to deliver needed care to residents.

Paul Greenberg is a Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The U.S. District Court for the Southern District of Illinois ordered the company to “exercise all avenues available” to produce approximately 4,000 documents related to the case “as soon as possible.” Plaintiffs had previously raised the issue of insufficient production of documents with the court.

The lawsuits were filed by mothers who claim that taking Depakote during pregnancy caused birth injuries in their children. The lawsuits claim that the children were born with conditions including heart defects, neural tube defects, spina bifida and other congenital malformations and injuries.

The plaintiffs include a woman who was prescribed the anti-seizure medication during her pregnancy and whose daughter was diagnosed with severe scoliosis that threatened her lungs and heart. In another case, a woman took Depakote before she knew she was pregnant, and her child was born with an extra digit. A third case involves a woman who took Depakote during her pregnancy, which she alleges was the cause of her son’s undescended testicle, which required surgery.

Depakote, also known as valproic acid, is used as a mood-stabilizing and anti-convulsant medication. It is often used to treat biploar disorder, epilepsy and migraine headaches. The drug is manufactured by Abbott Laboratories, a global pharmaceutical firm headquartered in North Chicago.

Bob Briskman is a birth injury lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Adriana Alcantara filed the lawsuit in the Houston Division of the Southern District of Texas on February 25, naming the University of Houston as defendant and alleging employment discrimination.

The lawsuit argues that Alcantara was harassed by an assistant professor, Dr. Leigh Leasure, while she was employed as a professor at the university, beginning in September 2007. Alcantara taught phycology, the study of algae.

According to the suit, Leasure yelled at Alcantara, prevented her from using essential lab equipment, and interfered with her experiments and recruitment of students.

The suit also claims that Leasure was a participant in Alcantara’s tenure evaluation, and that Alcantara was denied tenure on May 29, 2012. Alcantara alleges that she was denied tenure because she is a Hispanic female.

Federal law and Texas law prohibit employment discrimination based on race or gender.

The lawsuit seeks back pay and benefits, damages, attorney’s fees, interest and court costs. The case is Houston Division Court Case No. 4:14-cv-00463.

The University of Houston is a state research university with nearly 41,000 students and over 3,000 academic staff members.

Gregory D. Jordan is an employment lawyer. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

These lawsuits are part of multidistrict litigation in U.S. District Court, Southern District of Illinois. On November 4, the court established a protocol for selecting bellwether cases, directing both sides to select up to three lawsuits as possible candidates. In January 2014, the court will select four of those cases for the first bellwether trials, which are scheduled to commence in August 2014.

According to court records, at least 1,767 lawsuits are pending in the litigation. The complaints allege that Boehringer Ingelheim failed to adequately warn doctors and patients about internal bleeding as a side effect of Pradaxa and about the lack of an available antidote.

The Food and Drug Administration recorded more than 582 deaths and 3,292 reports of other adverse events involving Pradaxa in 2012, according to the Institute for Safe Medicine Practices. The figure exceeds the adverse reports of any other drug tracked in 2012.

According to news reports, regulators in several countries have issued warnings regarding the side effects of the drug, especially concerning internal bleeding.

Pradaxa has been sold as an alternative to warfarin, an established blood-thinning medication. Blood-thinning medications are prescribed to prevent strokes caused by blood clots. Some research has found Pradaxa to be more effective than warfarin at preventing such strokes. However, internal hemorrhaging caused by warfarin can be treated with vitamin K; there is no such effective treatment for stopping internal bleeding caused by Pradaxa.

U.S. District Judge David Herndon recently ruled that Boehringer Ingelheim must pay a fine of almost $1,000,000 for withholding or failing to preserve “countless” files sought by the plaintiffs. Judge Herndon said that the company acted in bad faith and that its efforts to safeguard the documents were grossly inadequate.

The documents in question concerned the drug maker’s development and marketing of Pradaxa. Judge Herndon said that the failure to preserve them was “egregious.”

Boehringer Ingelheim said that there were unintentional and unexpected discovery problems in the litigation, and that the plaintiffs were not prevented from obtaining access to the central documents in the case.

A key allegation in the lawsuits is that Boehringer executives were aware of the risk of death from internal bleeding when they brought the drug to market in 2010. Pradaxa has generated sales of more than $1,000,000,000 for the German, family-owned firm.

Bob Briskman is a injury lawyer and attorney in Chicago with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The U.S. Judicial Panel on Multidistrict Litigation (MDL) said that 9,961 actions were pending in the Yasmin/Yaz MDL as of May 14. The MDL is No. 2100 in U.S. District Court, Southern District of Illinois. Bayer Healthcare Pharmaceuticals is the manufacturer of both Yasmin, which received FDA approval in 2001, and Yaz, which was approved by the FDA in 2006. Both drugs are oral contraceptives that combine a fourth generation progestin, drospirenone, with estrogen to prevent pregnancy.

The lawsuits against Bayer allege that the plaintiffs developed serious medical issues caused by their use of Yasmin or Yaz. The injuries include gall bladder complications, stroke, deep vein thrombosis, heart blockage and blood clots.

Bayer Pharmaceuticals said in its February 28, 2013 annual report that it had reached agreements to settle the claims of about 4,800 U.S. plaintiffs, for a total amount of approximately $1 billion. The settlements do not include an admission of liability.

In March, Reuters reported that Bayer agreed to settle several state lawsuits in New Jersey, California and Pennsylvania that alleged that gall bladder injuries were caused by Yasmin or Yaz. The settlement reportedly called for plaintiffs who suffered gall bladder injuries to be paid $2,000 and plaintiffs who had their gall bladders removed to be paid $3,000.

In June, the Canadian Broadcasting Corporation reported that Health Canada documents showed that Yasmin and Yaz are suspected in the deaths of women who died suddenly from blood clots. Health Canada is the Canadian equivalent of the FDA in the United States. In April of last year, the agency issued a warning informing consumers about blood clotting as a possible side effect of Yaz and Yasmin.

The Health Canada document said that doctors and pharmacists had reported 23 deaths and more than 600 adverse reactions associated with Yasmin or Yaz. The adverse reactions were reported between 2007 and February 2013. More than half of the deaths were of women under the age of 26, with the youngest being 14. The report came shortly after a Canadian judge certified a class-action lawsuit alleging that the drugs caused life-threatening blood clots.

In April 2012 the FDA issued a similar warning, saying that drospirenone-containing birth control drugs may be associated with a higher risk of blood clots.

Bob Briskman is a Chicago malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Macquarie claims to have been injured by intentional misrepresentation and fraudulent inducement on the part of ATP management. The lawsuit alleges that ATP executives conspired with the company’s law firms to misrepresent the royalty interests, producing false and misleading legal opinions regarding the nature of the sale. According to the complaint, when ATP later filed for bankruptcy, the management team caused ATP to take the position that the sale was a disguised loan. ATP is now bankrupt and was auctioned off to lenders in May.

Macquarie has demanded a jury trial and is seeking $32 million in damages in the suit.

Houston-based ATP filed for bankruptcy in 2010, blaming the Deepwater Horizon oil spill and the drilling moratorium in the Gulf of Mexico that followed. ATP executives are facing another suit by shareholders who claim that the company misrepresented the effects that the moratorium had had on revenue prior to a sale of Senior Second Lien Exchange Notes in December 2010.

Gregory D. Jordan is an Oil and Gas lawyer in Austin. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

A number of decisions by the New York State Court of Appeals and the United States Court of Appeals for the Second Circuit had established a per se rule that employers who terminate an employee without cause would not be able to enforce any provisions of a covenant not to compete.

A recent decision by the Second Circuit, in the case of Hyde v. KLS Prof’l Advisors Grp., has thrown that rule into question. In Hyde, the plaintiff sought an injunction against his former employer to prevent the company from enforcing an agreement that prohibited him from contacting clients for three years after his termination. In granting a preliminary injunction, the U.S. District Court for the Southern District of New York relied on the per se rule that such agreements are unenforceable when an employee is terminated without cause.

However, the Second Circuit vacated the decision, stating that the plaintiff had failed to show irreparable harm – a requirement of a preliminary injunction – because if Hyde were prevented from competing with his former employer and then prevailed at trial, he would be adequately compensated by money damages. In remanding the case to the Southern District, the Second Circuit also expressed “reservations” about the per se rule that such agreements are necessarily unenforceable in such a context, and suggested that the court should instead apply a reasonableness test to analyze a covenant not to compete, even when an employee is terminated without cause.