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The Daily Record News Briefs: April 1, 2009.
April 1, 2009... Byline: Daily Record Staff and Wire Reports
BP Solar layoffs British energy company BP PLC said it will lay off 140 workers at its BP Solar plant in Frederick in November. The Frederick News-Post reported that the company informed workers...
House bill aims to protect Maryland seniors age 68 and older.
April 1, 2009... Byline: Steve Lash
The House Judiciary Committee appears poised to approve legislation to prohibit individuals from using deception, intimidation or undue influence to deprive people age 68 and older of their money and property, despite...
Power re-regulation bill facing uncertain path in Maryland House.
April 1, 2009... Byline: Andy Rosen
The Senate is scheduled to take its final vote Wednesday on a measure that would begin re-regulating the state's power supply business, though the controversial proposal continues to draw fire from industry supporters...
University of Baltimore picks Southern Maine geography professor as new provost.
April 1, 2009... Byline: Danielle Ulman
Curriculum building tops the list of tasks for the University of Baltimore's new provost and senior vice president of academic affairs.
The university said Tuesday that it had chosen Joseph S. Wood, a geography...
Sub wars: Fast-food chains reaching out on price.
April 1, 2009... Byline: Liz Farmer
Long known as the pricier sandwich chain, Quiznos has its answer to Subway's $5 foot-long -- but it's got a long way to go if it wants to catch the sandwich giant.
Launched last week, Quiznos' new sandwiches are one...
Lipscomb files poll at center of bribery case in Baltimore City Circuit Court.
April 1, 2009... Byline: Brendan Kearney
In the lead-up to the fall 2007 Baltimore elections, City Councilwoman Helen L. Holton was in a very strong position to be re-elected due, in large part, to her pro-development efforts and her popularity among both...
After Baltimore County jury award of $150M, Exxon lawyers file post-trial motions in leak lawsuit.
April 1, 2009... Byline: Danny Jacobs
Lawyers for ExxonMobil Corp. have filed six post-trial motions following a Baltimore County jury's award last month of $150 million in compensatory damages based on a 2006 gasoline leak.
The motions, filed Monday,...
Baltimore City Council considers change to live entertainment regulations.
April 1, 2009... Byline: Robbie Whelan
A proposal being floated by Baltimore City Council that would change where promoters and club owners can host events with live entertainment or dancing has met opposition from some small venue owners. Council...
Maryland Court of Special Appeals rules home security system could be medical treatment.
April 2, 2009... Byline: Danny Jacobs
A home security system can be considered medical treatment under the state's Workers' Compensation Act, the Court of Special Appeals has held.
The decision could mean the Comfort Suites hotel in Chestertown will...
Oriole Baseball Park at Camden Yards in Baltimore complete HD transition for video boards.
April 2, 2009... Byline: Liz Farmer
If you thought there was something a little off last year with the footage on the high definition video board at Oriole Park at Camden Yards, you were right -- the project was only half finished.
On Tuesday, after...
Expansion of hate-crimes law proposed in Maryland Senate.
April 2, 2009... Byline: Steve Lash
The Senate Judicial Proceedings Committee on Wednesday considered legislation to ban the placement of swastikas and nooses on public or private property without the owner's permission and with the intent to threaten or...
News Briefs - 4/2.
April 2, 2009... Byline: Staff and wire reports
Group: City could buy theater
The Senator Theatre Strategy Group has recommended that Baltimore officials purchase the historic Senator Theatre. The theater, which stopped showing first-run movies last...
Baltimore developer looks at buying two of the Inner Harbor's most visible retail properties.
April 2, 2009... Byline: Robbie Whelan
Baltimore developer David Cordish has expressed interest in buying Harborplace and the Gallery, two of the Inner Harbor's most visible retail properties, which were put on the block in December by troubled mall owner...
Former Maryland Gov. William Donald Schaefer gives two homes to charity.
April 2, 2009... Byline: Danielle Ulman
Just as he did as mayor of Baltimore, former Gov. William Donald Schaefer is giving back to the community.
Schaefer's side-by-side homes in Chestnut Hill Cove will go on the market Thursday and proceeds from the...
Maryland's heritage tax credit moves to House floor.
April 2, 2009... Byline: Andy Rosen
A key House panel signed off Wednesday on Gov. Martin O'Malley's proposal to extend the state's Heritage Structure Rehabilitation Tax Credit, moving a bill to the floor with less than two weeks left in the legislative...
Senator Theatre Strategy Group recommends that city of Baltimore purchase historic theatre.
April 2, 2009... Byline: Maryland Daily Record Staff
The Senator Theatre Strategy Group has recommended that Baltimore officials purchase the historic Senator Theatre. The theater, which stopped showing first-run movies last month after nearly 70 years...
Maryland-based Telkonet Inc. reports $11.8 million fourth-quarter net loss.(Financial report)
April 2, 2009... Byline: Maryland Daily Record Staff
Telkonet Inc., of Germantown, which develops and manufactures proprietary energy management and SmartGrid networking technology, reported a fourth-quarter net loss of $11.8 million, or 14 cents per...
University of Maryland to replace failing equipment with eco-friendly technology.
April 2, 2009... Byline: Maryland Daily Record Staff
The University of Maryland, College Park, said it will replace failing equipment in nine campus buildings with eco-friendly technology that will save nearly $30 million in energy costs and eliminate over...
Jemicy School to partner with Baltimore-based Calvert School to create Verticy Learning Academy.
April 2, 2009... Byline: Maryland Daily Record Staff
Jemicy School, of Owings Mills and Towson, said it will partner with the Baltimore-based Calvert School to create Verticy Learning Academy, a home school curriculum for college-bound students with...
Choice Hotels International Inc. launches iPhone application.
April 2, 2009... Byline: Maryland Daily Record Staff
Choice Hotels International Inc., of Silver Spring, a hotel franchise chain, announced the launch of the Choice Hotels Locator iPhone application. This free application allows users to book rooms using...
ACM Global Central Laboratory to provide lab services at hospitals in China.
April 2, 2009... Byline: Maryland Daily Record Staff
ACM Global Central Laboratory, of Rochester, N.Y., a full-service testing laboratory with operations in more than 60 countries, announced it will provide central lab services at United Family Hospitals,...
Baltimore-based PinnacleCare Inc. selected as the exclusive medical referral provider.
April 2, 2009... Byline: Maryland Daily Record Staff
PinnacleCare Inc., of Baltimore, a private health advisory firm, announced it has been selected as the exclusive medical referral provider by the Young Presidents' Organization, and its graduate...
Baltimore County to replace public safety radio communications network.
April 2, 2009... Byline: Maryland Daily Record Staff
Baltimore County and state public safety officials have scheduled an announcement for Thursday on a plan to totally replace the county's aging public safety radio communications network. The $57 million,...
Maryland-based Hughes Communications Inc. sees stimulus benefit.
April 2, 2009... Byline: Maryland Daily Record Staff
Hughes Communications Inc., whose satellites deliver high-speed Internet service to remote areas, may match last year's 14 percent subscriber growth with the help of the Obama administration's economic...
Harford County Executive David Craig proposes employees take unpaid furlough days to cut budget.
April 2, 2009... Byline: Maryland Daily Record Staff
Harford County Executive David Craig's proposed budget would have many county workers take five unpaid furlough days. Craig said the proposed $811.6 million overall budget released Tuesday includes the...
Howard County in Maryland unveils improved web-based tool.
April 2, 2009... Byline: Maryland Daily Record Staff
The Howard County Department of Planning and Zoning unveiled an improved Web-based tool to make it easier to track development projects in the county. The new system, designed to be more user-friendly,...
U.S. Equal Employment Opportunity Commission sues Upper Marlboro company.
April 2, 2009... Byline: Maryland Daily Record Staff
The U.S. Equal Employment Opportunity Commission is suing a Maryland insulation company for discriminating against and ultimately firing four African-American workers. The suit filed Wednesday in U.S....
Bankrupt Lehman Brothers Holdings Inc. sues mortgage brokers.
April 2, 2009... Byline: Maryland Daily Record Staff
Lehman Brothers Holdings Inc., the global financial services company that declared bankruptcy in September, filed breach of contract lawsuits in U.S. District Court in Baltimore and Greenbelt on Tuesday....
Dutch citizen held at Baltimore-Washington Thurgood Marshall Airport for swallowing heroin.
April 2, 2009... Byline: Maryland Daily Record Staff
Federal authorities said a man who arrived at Baltimore-Washington International Thurgood Marshall Airport had swallowed 100 packets of heroin in an attempt to smuggle in more than 2 pounds of the drug....
Md. Senate's re-regulation proposal makes it to House.
April 3, 2009... Byline: Andy Rosen
The House of Delegates introduced the Senate's proposal to re-regulate power supply markets in Maryland Thursday, and the chamber is likely to begin its discussion of the issue this week.
The bill (SB 844) passed the...
Federal judge finds Maryland's strip club law unconstitutional.
April 3, 2009... Byline: Steve Lash
Bars in Prince George's County that serve alcohol and feature exotic dancers can keep operating after a federal judge struck down, on free speech and equal protection grounds, a state law enabling the county's licensing...
Baltimore Mayor Sheila A. Dixon's lawyers move to dismiss criminal indictment.
April 3, 2009... Byline: Brendan Kearney
Baltimore Mayor Sheila A. Dixon moved to dismiss the 12-count criminal indictment against her Thursday, arguing State Prosecutor Robert A. Rohrbaugh deprived Dixon of due process of law by misleading the grand jury...
Commentary: Mortgage Matters: Time to refinance if your home's value has plunged.
April 3, 2009... Byline: Robert Nusgart
For those people who believe or have been told that refinancing would be futile because their home's value has plunged in the last two years -- your time has arrived.
Fannie Mae and Freddie Mac, the now...
The Daily Record News Briefs: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
TVI files for Chapter 11
TVI Corp., of Glenn Dale, a maker of equipment and portable buildings for use in disasters, filed for Chapter 11 bankruptcy protection Wednesday in Greenbelt. The petition...
President Obama nominates U.S. District Judge Andre M. Davis for 4th Circuit seat.
April 3, 2009... Byline: Danny Jacobs
The first time U.S. District Judge Andre M. Davis was nominated to the 4th U.S. Circuit Court of Appeals happened at the end of a Democratic president's term and with a Republican majority in the U.S. Senate. Davis'...
The big drop in Baltimore Oriole baseball park's attendance doesn't lend itself to a quick fix.
April 3, 2009... Byline: Liz Farmer
Come Monday, the streets around Oriole Park at Camden Yards will be alive with baseball fans coming out of their winter hibernation -- a guaranteed swirl of black and orange, mixed with visiting Yankee blue -- and filled...
Bringing the Oriole baseball player Nick Markakis brand to Baltimore and beyond.
April 3, 2009... Byline: Liz Farmer
When the Orioles signed 25-year-old Nick Markakis to a six-year, $66.1 million contract extension in February, the team brought home its top priority in the offseason.
His future in Baltimore no longer a question...
Baltimore race tracks draw interest from two prominent Baltimoreans.
April 3, 2009... Byline: Liz Farmer
With another Baltimorean showing interest in rescuing Laurel Park and Pimlico Race Course, keeping the Preakness Stakes from leaving the state may be easier than solving the long-term problems of the Maryland racing...
Baltimore accounting firm announces staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
Clifton Gunderson has added Brian Lyman and Kathryn Glos to the firm as senior managers in the Newark, Del., and Timonium, Md. offices, respectively. Lyman brings more than 10 years of related experience...
Roger Yeager joins Md.-based Tomorrow and Palmer-Vohrer Enterprises Inc. as account executive.
April 3, 2009... Byline: Maryland Daily Record Staff
Signs By Tomorrow and Palmer-Vohrer Enterprises Inc. announced that Roger Yeager has joined them as an account executive. Signs By Tomorrow has locations in Dundalk, Aberdeen, and Dover, Del. The company...
Baltimore businesses announce awards: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
Jeannette Kendall, president and founder of Success In Style, was selected as the first-place winner of the Soroptimist, South Atlantic Region, Making a Difference for Women Award. The award honors women...
Maryland banks announce staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
Chandra Klein has joined Howard Bank as assistant manager of its new Centennial Place branch. She joins the locally owned bank from PNC Bank where she was a branch officer/assistant manager. Howard Bank...
Baltimore Community Foundation announces staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
The Baltimore Community Foundation has elected Louis R. Cestello and Mark R. Fetting to its board of trustees. Retiring trustee Redmond C.S. Finney was named an honorary trustee, and Raymond L. Bank was...
Betsy Charlow joins Pinnacle Communications as senior public relations account executive.
April 3, 2009... Byline: Maryland Daily Record Staff
Betsy Charlow has joined Pinnacle Communications as senior public relations account executive. Charlow was previously senior public relations specialist at Good Samaritan Hospital. She brings years of...
Maryland universities announce staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
College of Notre Dame of Maryland senior international relations major Cassandra Bales has been named a Fulbright Teaching Assistant. She will teach English in Indonesia during the next academic year....
Baltimore-based T.A. Gorman Inc. announces staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
T.A. Gorman Inc., a Baltimore-based mechanical contracting and engineering company, has named Barry K. Fahr president, and promoted Deborah Dunkes to secretary and treasurer. Fahr has been with T.A....
AARP in Maryland appoints Jennie Z. Rothschild as state president.
April 3, 2009... Byline: Maryland Daily Record Staff
AARP in Maryland has appointed Jennie Z. Rothschild state president. As state president, Rothschild will provide leadership and counsel to AARP's advocacy, outreach and education work. She will chair the...
Crestline Hotels & Resorts Inc. appoints Jean-Pierre Lamarre to general manager.
April 3, 2009... Byline: Maryland Daily Record Staff
Crestline Hotels & Resorts Inc. has appointed Jean-Pierre Lamarre to general manager for the Courtyard by Marriott Baltimore Inner Harbor. Lamarre joins Crestline Hotels & Resorts from Linchris Hotel...
Fuel Fund of Maryland Inc. Executive Director Mary Ellen Vanni selected for Leadership Maryland Class of 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
Mary Ellen Vanni, executive director of the Fuel Fund of Maryland Inc., has been selected for the Leadership Maryland Class of 2009. Leadership Maryland was founded in 1992. Vanni is one of 46 statewide...
Hogan Companies announce staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
The Hogan Companies announced the addition of two new associates, Ray Richard Jr. and Charles P. Smith IV. Richard previously worked in Georgia with Cajun Properties as an assistant project manager. Smith...
Maryland technology firms announce staffing changes: April 3, 2009.
April 3, 2009... Byline: Maryland Daily Record Staff
MNS Group has added Edwin Tharp to their staff of Internet technology and management information systems professionals. Tharp will handle a number of accounting and management responsibilities for the...
Commentary: Tech Talk: Google strikes again, this time with CADIE.
April 3, 2009... Byline: Larry Fiorino
On April 1, Google unveiled Cadie, the world's first Cognitive Autoheuristic Distributed-Intelligence Entity (CADIE).
There are two ways to learn more about CADIE. The first is to visit www.google.com and click on...
Commentary: Charitable Giving: National Volunteer Month creates new opportunities to help nonprofits.
April 3, 2009... Byline: Betsy Nelson
April is National Volunteer Month, and volunteering is being embraced from the top levels of government to the smallest nonprofit organizations.
Our country watched in February as President Obama spoke to a joint...
Commentary: Rocky, Vinny and who pays the health bill.
April 3, 2009... Byline: C. Fraser Smith
Welcome, faithful readers, to another installment in The Ballad of Rocky and Vinny.
For longevity of feuds, perhaps only the Hatfields and McCoys are competitive.
The dramatis personae: Vincent DeMarco of...
On the Move - Business Edition.
April 3, 2009... Byline: The Daily Record
ACCOUNTING
Clifton Gunderson has added Brian Lyman and Kathryn Glos to the firm as senior managers in the Newark, Del., and Timonium, Md. offices, respectively. Lyman brings more than 10 years of related...
Week in Review.
April 3, 2009... Byline: Staff and wire reports
Stem cell funding gap
The House and Senate have two widely different proposals about how much to spend on stem cell research, as the General Assembly prepares to complete the state budget within the next...
Maryland Court of Special Appeals: Doctor's license properly revoked.
April 3, 2009... Byline: Steve Lash
The license of a doctor who entered an Alford plea to a second-degree assault charge arising from allegations he inappropriately rubbed himself against a female patient was properly revoked -- without a hearing -- by the...
US District Court, Maryland: Carney v. United States of America.
April 6, 2009... Byline: Daily Record Staff
Maritime Negligence under the Jones Act
BOTTOM LINE: District court determined that protective guard missing from a fan rendered Navy vessel unseaworthy, allowing engineer to recover for injuries sustained to...
US District Court, Maryland: Parts Inc., et al. v. Utica Mutual Ins. Co.
April 6, 2009... Byline: Daily Record Staff
Insurance Duty to defend
BOTTOM LINE: District court granted summary judgment where insurer did not have a duty to defend employee accused of sexual harassment since alleged actions were not related to the...
US District Court, Maryland: Western Maryland Wireless v. Zini, et al.
April 6, 2009... Byline: Daily Record Staff
Civil Procedure Res judicata
BOTTOM LINE: District court granted summary judgment where plaintiff's claims were barred under res judicata, collateral estoppel, and arbitration and award, and plaintiff has...
US District Court, Maryland: Jones v. Murphy.
April 6, 2009... Byline: Daily Record Staff
Evidence Privilege
BOTTOM LINE: Defendants' motion for protective order was denied since neither the attorney-client privilege nor the executive privilege applied to the documents they sought to protect.
...
US District Court, Md: Alpha Const. and Engineering, et al. v. Insurance Co of the State of Penn.
April 6, 2009... Byline: Daily Record Staff
Torts Indemnification
BOTTOM LINE: District court denied motions for summary judgment where contractors sought declaratory judgment that they were insureds under general liability policy, but policy did not...
Office of Admin Hearings: In Matter of the Claim of C.S. Against Md Home Improvement Commission.
April 6, 2009... Byline: Daily Record Staff
Home Improvement Commission Guaranty Fund Claim
In the Matter of the Claim of Claimant C. S. Against the Maryland Home Improvement Commission Guaranty Fund for the Violations of Philip Edward Long, T/A D.C....
Office of Administrative Hearings: Grievant v. The Maryland Division of Correction.(Correction notice)
April 6, 2009... Byline: Daily Record Staff
Inmate Grievance Office Excessive Disciplinary Sanction
Grievant v. The Maryland Division of Correction OAH No.: DPSC-IGO-001V-08-34193 Opinion by: ALJ Arthur J. Novotny Issued: Dec. 2, 2008 Affirmed: Dec....
Office of Adminstrative Hearings: Appellant v. Talbot County Department of Health.
April 6, 2009... Byline: Daily Record Staff
Medical Assistance - Maryland Children's Health Program Self-Employment Income Determination
Appellant v. Talbot County Department of Health OAH No.: DHMH-TALB-64-08-27705 Opinion by: ALJ Lorraine Ebert...
Week in review - Legal edition.
April 6, 2009... Byline: Daily Record staff
Davis nominated for 4th Circuit seat The first time U.S. District Judge Andre M. Davis was nominated to the 4th U.S. Circuit Court of Appeals happened at the end of a Democratic president’s term and with a...
Md. Court of Special Appeals throws out lawyer's claim that case-referral agreement was breached.
April 6, 2009... Byline: Steve Lash
Saying the clients' interests remain paramount, the Court of Special Appeals has thrown out a lawyer's claim that his co-counsel breached a case-referral agreement by not consulting him before settlement and telling the...
Baltimore personal injury atty.'s vanity license plate gets response.
April 6, 2009... Byline: Caryn Tamber
Over the years, Henry J. Wegrocki's vanity license plate has gotten him lots of appreciative honks and thumbs-up signs, one new client, one tirade and one police stop.
Not bad for a plate that was his third choice....
As the green construction industry expands, litigation and arbitration might follow.
April 6, 2009... Byline: Caryn Tamber
The growing green building movement may bear unintended fruit: legal trouble.
Lawyers, architects and developers say they expect an increase in construction-related litigation and arbitration as the industry...
Maryland firms to scale back summer programs.
April 6, 2009... Byline: Caryn Tamber
As the legal industry continues to nosedive, big law firms are looking at scaling back their summer associate programs.
In a marketplace where firms are laying off staff and lawyers, cutting associate salaries and...
Owings Mills-based company seeks more than $1M; lawyer claims company pirated videos.
April 6, 2009... Byline: Ban Mook
In its federal lawsuit, Owings Mills-based Legal Television Network is seeking more than $1 million from a Louisiana company it claims used about a dozen of its free, online informational videos in violation of the end...
Baltimore County jury finds ER doctor not liable for missed diagnosis.
April 6, 2009... Byline: Danny Jacobs
A Baltimore County jury has found an emergency room doctor not guilty of failing to diagnose a fatal heart condition that killed a Nottingham man less than 24 hours after she examined him.
A jury of three men and...
The Daily Record Legal Briefs: April 6, 2009.
April 6, 2009... Byline: The Daily Record Staff
Suit between cardiology practices may proceed A Baltimore County judge has allowed a $60 million lawsuit between two former rival cardiology practices to proceed, but has dismissed individual doctors as...
Maryland AG: 'Instant racing' machines still banned.
April 6, 2009... Byline: Danny Jacobs
They look like slot machines. They have the bells and whistles of a slot machine. Despite voters' approval of slot machines in Maryland, however, the attorney general's office has said instant racing machines are still...
The Daily Record News Briefs: April 6, 2009.
April 6, 2009... Byline: The Daily Record Staff
Businesses' sale prices sink BizBuySell.com, a San Francisco-based, online business-for-sale marketplace, said the median asking price for businesses for sale in the Baltimore-Towson area was $250,000 at the...
At a smaller ADDYs, Owings Mills-based MGH takes the top prize.
April 6, 2009... Byline: Liz Farmer
The crowd may have been smaller this year but the enthusiasm was still at peak levels as Baltimore's ad agency gathered for the Advertising Association of Baltimore's annual awards.
For the second year in a row,...
Maryland horse breeders are unhappy with proposed split.
April 6, 2009... Byline: Andy Rosen
The state's horse breeding and racing industries are at odds over a bill that would tilt the distribution of slot machine money toward horsemen in an effort to provide larger purses.
The Senate is considering a bill...
Most of Maryland's stimulus money will go to fixing highways.
April 6, 2009... Byline: Robbie Whelan
Maryland's Department of Transportation has unveiled a list of $564.9 million in transportation projects covered by the federal stimulus package that spends three times as much on highways as it does on transit, which...
US 4th Circuit: United States v. Heath.
April 6, 2009... Byline: Daily Record Staff
Criminal Procedure Sentencing
BOTTOM LINE: Given criminal defendant's tendency towards recidivism, as evidenced by his behavior in and out of prison over 20 years, there was sufficient justification for the...
US 4th Circuit: Moore v. Williamsburg Regional Hospital.
April 6, 2009... Byline: Daily Record Staff
Torts Immunity
BOTTOM LINE: Hospital was immune from suit where there was a clear nexus between its suspension of physician's medical privileges during investigation of child sexual abuse allegations, and his...
US 4th Circuit: Moxley, et al., v. The Town of Walkersville, et al.
April 6, 2009... Byline: Daily Record Staff
U.S. District Court, Maryland
Administrative Law Governmental immunity
BOTTOM LINE: District court found that personal capacity suit could not proceed against an individual defendant under the Religious...
U.S. Supreme Court: Vermont v. Brillon.
April 6, 2009... Byline: Daily Record Staff
Criminal Procedure Speedy trial
BOTTOM LINE: Vermont Supreme Court erred in finding criminal defendant's assigned counsel were state actors for purpose of determining which party was responsible for trial...
U.S. Supreme Court - Negusie v. Holder.
April 6, 2009... Byline: Daily Record Staff
Immigration Asylum
BOTTOM LINE: The Board of Immigration Appeals and 5th Circuit misapplied Fedorenko v. United States, 449 U.S. 490, as mandating that whether an alien is compelled to assist in persecution...
U.S. Supreme Court: Wyeth v. Levine.
April 6, 2009... Byline: Daily Record Staff
Product Liability Failure to warn
BOTTOM LINE: Federal law did not pre-empt state-law claim that drug label did not contain an adequate warnings because FDA re-labeling regulations did not foreclose...