An extremely troubling report in-Pharma Technologist.com indicated that government investigators are looking into the release of 25 gallons of chemicals containing cyanide from a Merck production plant in Pennsylvania into the sewer. It is likely that after the chemicals left the wastewater treatment plant it affected between two and eight miles of the Wissahickon Creek. While the incident...
The 9th Circuit Court of Appeals [Federal] has recently affirmed a lower court's determination that if a client settles a case based on erroneous legal advice the settlement will still stand. The client may be able to sue the lawyer for malpractice, but the settlement will be enforced. A client alleged that the was given bad advice by her lawyer, and even deceived by her lawyer. She found this...
As we celebrate the 4th of July and our constitutional form of government built on checks and balances, it is trendy to complain that the legal system is broken by pointing to selected "facts" about it. Upon closer examination, those "facts" are often demonstrably inaccurate or taken out of context. The fact of the matter is that our liberties and our prosperity are protected by the legal...
Recent data reports that the average pharmacist's work load increased a staggering 35% between 1992 and 2000. This increase is a statement of the number of prescriptions dispensed per pharmacist per year. With a significant increase in work load, the question is how pharmacists have time to either accurately fill [or double-check the filling of] prescriptions. Further, as work load increases...
Kendall Atkinson died from Fanconi Anemia, a disease that led to bone marrow failure, on March 14, 2004 at the age of 20. In memory of their sister, Allison and Whitney launched "Kaps for Kendall." The goal is to raise money to fight the disease that took the life of their sister and to provide special hats for kids and adults who have lost their hair from chemotherapy and radiation. Many...
The USA Today cover story on June 21, 2006, adds to the chorus of controversy over the use of expert testimony, particularly mental health experts (psychologists, psychiatrists, therapists, etc), at trials. This article uses the Andrea Yates murder conviction (the woman who drowned her five children in the family bathtub), and the subsequent determination by the Texas Court of Appeals that her...
A friend of mine recently posed the following question to me in regard to commercial construction and the corresponding contract that he entered into with his builder: My company contracted with a builder to construct a new commercial office building for my business. After we moved in, we had numerous problems that I believe the builder is responsible for. The builder told me that we have a...
Several people have asked me the if arbitration clauses are enforceable in Colorado. They are absolutely enforceable. In fact, Colorado case law strongly favors such clauses. Arbitration clauses are generally considered to be favorable to defendants and businesses, although the better practice is to decide whether to include an arbitration agreement on a case by case basis. The court system...
According to a recent article in the Rocky Mountain News, Denver-based Peaberry Coffee released a list of 11 locations it plans to close in the coming weeks and deals to lease the stores to Starbucks. Last month, the coffee company said it would close up to 13 corporate locations in a restructuring designed to focus on franchising and retail bean sale efforts. Peaberry will keep its two kiosk...
A federal grand jury indicted former Qwest CEO, Joseph Nacchio, on charges of insider trading. On December 19th, 2005, he was charged with profiting by insider trading in the sale of more than $100 million of Qwest stock. The sale took place between January and May 2001 after he had been informed that Quest would not meet its revenue targets. Several other former executives were also...
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