The fight for marriage equality will rage on another day. On Tuesday, May 26th, California’s Supreme Court ruled to uphold the state’s gay-marriage ban, also known as Proposition 8. The 6-1 decision by Chief Justice Ron George rejected an argument from activists that Proposition 8 revised the California constitution’s equal protection clause.

Although the Court also ruled that the 18,000 same-sex weddings that took place before the prohibition passed are still valid and it would be too disruptive to apply Prop 8 retroactively, activists said they would go back to the voting public as soon as possible to repeal the ban.

The California Supreme Court ruled 4-3 last May that it was unconstitutional to deny gay couples the right to wed. Since that time, same-sex couples from around the country came to California to wed before this ruling made its way to the voters during the 2008 election. Consequently, Proposition 8 did pass with a 52% approval. As the fight raged on in California, Iowa, Maine, Vermont and Connecticut legalized gay marriage.

Although the court ruled that the ban denies gay couples use of the term “marriage,” California still allows gay couples to form domestic partnerships and does not “disturb the basic right to establish an officially recognized and protected family relationship with the person of one’s choice and to raise children within the family.”

So what are your thoughts? Was justice upheld today based upon the voice of the voters, or was the decree of our Constitution challenged today and overruled? No matter what side of the fence you stand on this issue, there is a long fight ahead that will impact our country and that of generations to come.

Class action lawyers specialize in lawsuits related to either defective products or other dangerous situations that have caused many people the same or similar injuries.  A class action is filed like any other lawsuit, but a judge must specifically approve the case for class action status.  The class action lawyer then speaks with each potential plaintiff to make sure he or she can participate in the class based on the facts and the way the class is defined. If the class action lawsuit is successful, or a settlement is reached, usually all the people in the class receive a damage award.  While some classes can consist of a large number of members, they usually start with just a handle of complaints…. And as time goes one, additional injured parties are discovered. 

If you have questions about whether or not you could be a part of a class action lawsuit, contact an attorney in your area today!

Learn more by visiting LawInfo’s Class Actions/Hot Topics web center. You can also visit LawInfo’s Free Legal Resource Center to find information on variety of legal topics.

Garment workers, manufacturers and small-business owners gathered in front of Macy’s flagship store in New York Tuesday to protest a new anti-lead law they say will cut their jobs and devastate wide-spread retail profits.

The Consumer Products Safety Improvement Act of 2008 requires that all items sold for use by children under the age of twelve, including clothing, toys and other products, must be tested for lead. Congress passed the act after the U.S. recall of millions of lead-containing toys imported from China.

But this new act does not come without major concerns. Tuesday’s protest was organized by the Coalition for Safe and Affordable Childrenswear, which represents hundreds of manufacturers and family business workers. The coalition says the new rules would cost thousands of jobs and drive companies out of business.

Coalition members said manufacturing practices have already changed to comply with the new law, but they are asking Congress to ease a provision that will retroactively force them to pull $500 million worth of possible lead-containing products from shelves.
In passing the act, Congress had asked the Consumer Product Safety Commission (CPSC) to come up with specific methods on how and by whom products should be tested and certified to be lead-free. But the coalition says up until now, there have been no definitive regulations set in place to execute this.

“Until regulations are set in place on how to do the testing and certify that something is lead-free, retailers won’t risk putting anything on their shelves that could contain lead, thereby halting the demand for thousands of products, and cutting manufacturing jobs in the process,” a spokesperson for the coalition said.

Steve Levy, of Star Ride Kids sportswear, said the coalition is not asking for special treatment or government bailouts. “All we are asking for is some common sense. At the exact moment when Congress is debating a $900 billion economic rescue bill, it should be looking for every opportunity to create jobs, not kill them.”

It is true that the economy is facing its worse financial crisis in history, and that every job this country can sustain is critically important. However, what is the lesser of two evils in this situation? Keeping jobs and businesses afloat, or keeping health regulations in check and making sure toxic products do not end up in the hands of our children? Although it is clear that the coalition, Congress, and the CPSC all want to arrive at a place where lead-containing products are not released into the marketplace and manufacturing jobs aren’t threatened in the process, until that time, whose side are you on?

For more information on the Consumer Products Safety Improvement Act of 2008, visit the CPSC. To learn more about the Act’s predecessor, the Consumer Product Reform Act of 2007, click here, or visit LawInfo’s free legal resource center for more CPSC legal news.

On Wednesday, Toyota Motor Corp announced it would recall more than 1.35 million Vitz, Belta and Ractis international models to fix a defect in the seatbelt, a component in the exhaust system, or both.

Subject to the recall in Japan are 525,898 Vitz, Belta and Ractis cars built from January 2005 to April 2008, and a combined 830,000 units of the Vitz subcompact and Belta (called Yaris in many markets) exported to Europe, North America and other countries.

The recall started in Japan, where one case of fire was reportedly caused by a faulty seatbelt design, which could cause a noise-absorber device to melt when the seatbelt tensioner is activated in a collision, Toyota said.

The defective exhaust-gas recirculation (EGR) pipe, which is being recalled due to a possibility of the pipe cracking and leaking exhaust gases, also originated in Japan, but no accidents have been reported.

Toyota declined to disclose the estimated cost of the recalls.

For more information, or if you own one of these recalled cars, call Toyota at 800-331-4331. For more information on product recalls, visit LawInfo’s free legal resource center, or contact a Lead Counsel products liability attorney in your area today.

The FDA has notified healthcare professionals that they are working with the makers of blood-thinner Plavix in order to determine the effectiveness of the drug in some patients.

The FDA is studying reports that taking certain heartburn medications mixed with clopidogrel (Plavix) decreases the benefits of the drug. Also, differences in effectiveness may be due to genetic differences in the way the body metabolizes clopidogrel.
Marketed by Bristol-Myers Squibb Co., Plavix is the second-best-selling drug in the world.

The drug manufacturers have agreed to a timeline for completing the studies. The FDA will review the new information and communicate its conclusions, as well as any recommendations, to the public at that time.

Until further information is available, the FDA recommends that patients should continue to take Plavix (clopidogrel) as directed, but healthcare providers should re-evaluate the need for prescribing starting treatment with Plavix. Also, patients taking Plavix should consult with their healthcare provider if they are currently taking or considering additional medication.

For more information, visit the FDA at http://www.fda.gov/medwAtch/safety/2009/safety09.htm.

A man who froze to death in Wisconsin while sleepwalking outdoors was found to have a bottle of Ambien in his bedroom, but it has not been determined whether he took the medication on the night of his death.

Timothy Brueggeman, 51, was found outside his rural home Tuesday morning when the temperature was minus 16 degrees. He was wearing only underwear and a fleece shirt, and died of hypothermia, authorities said.

Ambien, the most-prescribed sleeping pill in the nation, has been linked to hundreds of cases of sleepwalking, sleep-driving and even sleep-shoplifting.

Brueggeman’s mother, Geraldine Brueggeman, said she advised him to quit taking Ambien last summer after he drove his pickup truck without waking up.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.

A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked products liability questions, or contact an experienced Lead Counsel products liability attorney in your area today.

The FDA has announced that more than 125 different products have been recalled for possible salmonella contamination in what is now being called one of the largest food recalls in history.

Everything from crackers to ice cream to dog biscuits is being recalled and investigated. On Tuesday, PetSmart recalled seven varieties of its “Great Choice” dog biscuits. On Wednesday, NutriSystem issued a recall for their peanut butter granola bars. Last week, Kellogg recalled some of its Austin and Keebler brand peanut butter crackers. Salmonella was later confirmed in a package of Austin crackers.

All recalled products were made with peanut paste or peanut butter manufactured at a Peanut Corp. of America plant in Blakely, GA. The plant has suspended further production of any peanut-based products at this time.

To help consumers, the FDA has set up on its site a searchable list of recalled peanut products. “We expect (the) number to continue to increase,” said Stephen Sundlof, head of the FDA’s food safety program. More than 480 people have been sickened in the outbreak, which has contributed to at least six deaths.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.

A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked product liability questions.

So far, 2009 isn’t starting out great when it comes to safe products for children. There have been a lot of products recalled, including cribs, baby garments and common household objects. The following list comprises recalls that have been announced so far this year:

Stork Craft baby cribs

About 535,000 Stork Craft baby cribs, manufactured in Canada, China and Indonesia, have been recalled due to metal mattress-support brackets cracking and breaking, causing the mattress to collapse and creating a gap where a child could get trapped and possibly suffocate. The Consumer Product Safety Commission is aware of 10 incidents of support brackets that broke, although no injuries have been reported.

The cribs were sold at J.C. Penney, Kmart, Wal-Mart and other stores around the country. They were also sold online at amazon.com, babiesrus.com, costco.com and walmart.com from May 2000 through January 2009.

For more information, call 866-361-3321, or visit http://www.storkcraft.com or http://www.cpsc.gov.

Taggies Sleep’n Play baby garments

About 16,000 Taggies Sleep’n Play baby garments, made in China, have been recalled due to snaps on the garments possibly detaching and posing a choking hazard to children. No incidents or injuries have been reported.

The products were sold at Babies R Us, Buy Buy Baby, Dillards, Nordstrom and other specialty stores nationwide and Internet retailers from January 2007 through November 2008.

For more information, call 888-594-3730, or visit http://www.rashtiandrashti.com or http://www.cpsc.gov.

Roman shades by Cost Plus Inc.

About 692,400 Roman shades and roll-up blinds, manufactured in India and China and distributed by Cost Plus Inc., have been recalled due to the cords posing a strangulation hazard for children. No incidents have been reported with the blinds in this recall, but CPSC is aware of the deaths of three children involving similar styles of blinds and shades.

The shades and blinds were sold at Cost Plus and World Market stores around the country from February 2006 to August 2008.

For more information, call 877-967-5362, or visit http://www.worldmarket.com or http://www.cpsc.gov.

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment. To learn more, visit LawInfo’s legal resource center for articles and answers to frequently-asked product liability questions.

Food manufacturer Kellogg Co. has asked stores to stop selling its peanut butter sandwich crackers until the company can figure out if their peanut paste is connected to a recent outbreak of salmonella that has sickened more than 430 people in 43 states and is responsible for five deaths.

Kellogg acquires some of its paste from Peanut Corp. of America, which has recalled 21 lots of peanut butter made at its plant in Blakely, Ga., because of possible salmonella contamination. While not issuing a recall, Kellogg asked stores nationwide to remove the crackers sold under its Austin and Keebler brands until an investigation into Peanut Corp. has been completed. So far, no problems linked to these products have been reported.

“We are taking these voluntary actions out of an abundance of caution,” Kellogg CEO David Mackay said in a news release.

FDA officer Sandra Williams said Kellogg’s decision to pull their products is known as a “stop-sale order” and isn’t as serious as a recall. Williams did not comment on how many units of crackers would be pulled, but said, “It’s a very large volume.”

Kellogg spokeswoman Kris Charles said that the company is only concerned with products containing paste acquired from Peanut Corp. and not about any other products that contain peanut butter, such as cookies, because they do not use products from Peanut Corp. in their production and do not make them at the same plant.

While no additional consumer action is necessary at this time, consumers with questions or who would like a product refund can call the Kellogg Consumer Response Center at 888-314-2060. For more information, visit http://www.fda.gov/oc/po/firmrecalls/kellogg01_09.html.

After a New York attorney general’s office launched an investigation based upon hundreds of complaints against UnitedHealth Group, a settlement reached on Tuesday ordered the health insurance company to pay $50 million dollars for overcharging millions of Americans for health care.

New York Attorney General Andrew Cuomo says Ingenix, a research firm owned by UnitedHealth Group, has been manipulating claim numbers so insurance companies pay less. “Americans have been under-reimbursed to the tune of at least hundreds of millions of dollars,” he says. Other major insurers also use Ingenix, including Aetna, CIGNA and WellPoint/Empire BlueCross BlueShield.

“This is a huge scam that affected hundreds of millions of Americans (who were) ripped off by their health insurance companies,” says Cuomo. “This was unethical, and it robbed vulnerable patients of insurance reimbursements they deserved.”

In a statement, UnitedHealth Group told TODAY: “We respectfully disagree with the New York Attorney General’s findings that we manipulated data or that our ownership of Ingenix was a conflict of interest. We agreed to his settlement because it was an effective way to address any perceived conflict of interest.”

Cuomo says he’s now investigating other health insurance companies. In addition, some patients plan to bring a class action lawsuit against UnitedHealth Group.

A class action is a case brought against a company whose actions have damaged a group of people in a similar way. A single person who has been injured may bring a class action on behalf of everyone who has been harmed. However, after the action has been started, other injured people can join the class action lawsuit (become class members).

Do you feel you have a claim as part of a class action? An experienced Lead Counsel class action attorney can advise you on whether filing a class action or an individual lawsuit is best for your case, as well as advise you on what steps you need to take.