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briankherrington

R. Allen Stanford’s businesses have been shut down by the Securities and Exchange Commission pending an investigation of charges that they engaged in fraudulent investment practices such as:

  • lying about historical data related to their investment products and
  • promising unrealistic rates of return.

Stanford Financial has offices in Texas and Mississippi, namely Jackson, Columbus, and Tupelo.

The Mississippi Secretary of State has subpoenaed Stanford’s records in what could be a $9 billion fraud.

If you have investments with any of the Stanford Financial businesses, please contact us to protect your legal rights. Our number is 601.376.9331. Or, you can fill out the short submission form below, and we’ll get back to you immediately.

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Hi. I’m excited about teaching a class at Solo Practice University entitled How To Litigate A Class Action. I hope you enjoy the short video and, more important, I hope to see you at Solo Practice University.

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In a 9-0 opinion, which can be found here, the Mississippi Supreme Court upheld a trial court’s denial of a motion to compel arbitration.

In Trinity Mission Health and Rehab, LLC v. Ruth Lawrence, Mrs. Lawrence sued Trinity over the death of her husband. Trinity moved to compel arbitration claiming that Mr. Lawrence had signed an arbitration agreement. Further, Trinity argued that Mrs. Lawrence had signed the arbitration agreement and had authority to bind Mr. Lawrence.

The Court rejected both arguments and found that Mrs. Lawrence’s claims can proceed to a trial on the merits in circuit court, not arbitration. The opinion is good news for those of us fighting against the continual erosion of our jury system and the emergence of arbitration.

Good job to the lawyers representing Mrs. Lawrence and who briefed the case to the Court — Trae Sims and Ben White.

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February 13, 2009 — Today, the company that caused a massive outbreak of salmonella food poisoning from peanut butter products — and may have caused numerous deaths — filed for bankruptcy. Peanut Corporation of America filed for Chapter 7 bankruptcy in the U.S. Bankruptcy Court for the Western District of Virginia.

In Chapter 7 bankruptcy, corporations liquidate their assets to create cash for creditors.

This bankruptcy will certainly affect the claims of people who have been injured by the salmonella outbreak and peanut butter recall. Injured persons need to move quickly to protect their rights.

If you’ve been injured as a result of salmonella poisoning from peanut butter, call us now at 601.376.9331 to protect your claim. Or, you can fill out the short submission form below, and we’ll get back to you within 24 hours, if not sooner — even on weekends.

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On January 20, 2009, Heartland Payment Systems, which provides payment and payroll solutions to some 250,000 businesses nationwide, announced a security breach in which private consumer information was potentially stolen. The Better Business Bureau states that Heartland processes more than 100,000,000 transactions a month.

The story is developing and Herrington Law, PA is staying current on those developments.

If you have reason to believe that your private debit/credit card and/or bank account information has been affected, please give us a call at 601.949.9456 or please fill out the short form below.

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In a matter of first impression, the federal Second Circuit Court of Appeals has ruled that a court, not an arbitrator, should determine the lawfulness of a class action ban in an arbitration agreement.

The decision in In Re: American Express Merchants’ Litigation can be found here.

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UPDATED: January 28, 2009: CNN cites the FDA in reporting that the Peanut Corporation of America knew in 2007 and 2008 that it had a problem with salmonella at its Blakely, Georgia plant. If you have questions about the peanut butter salmonella outbreak, please give us a call at 601.949.9456 or submit a case review form here.

January 23, 2009: The information below is quoted directly from the Federal Food & Drug Administration’s website.

A combination of epidemiological analysis and laboratory testing by state officials in Minnesota and Connecticut, the Food and Drug Administration (FDA), and the Centers for Disease Control and Prevention (CDC) have enabled FDA to confirm that the sources of the outbreak of illnesses caused by Salmonella Typhimurium are peanut butter and peanut paste produced by the Peanut Corporation of America (PCA) at its Blakely, Georgia processing plant.

Peanut butter is sold by PCA in bulk containers ranging in size from five (5) to 1,700 pounds. The peanut paste is sold in sizes ranging from 35-pound containers to product sold by the tanker container. Neither of these products is sold directly to consumers.

However, through its investigation, FDA has determined that PCA distributed potentially contaminated product to more than 70 consignee firms, for use as an ingredient in hundreds of different products, such as cookies, crackers, cereal, candy and ice cream. FDA’s report on its inspection of the PCA facility is available at this link: http://www.fda.gov/ora/frequent/default.htm. Companies all over the country that received product from PCA have issued voluntary recalls of their products. FDA has created a searchable database for these products, which can be found at http://www.accessdata.fda.gov/scripts/peanutbutterrecall/index.cfm, Identification of products subject to recall is continuing and this list is updated frequently.

Product recalls now include some pet food products that contain peanut paste that was made by PCA. While the risk of animals contracting salmonellosis is minimal, there is risk to humans from handling these products. It is important for people to wash their hands–and make sure children wash their hands–before and, especially, after feeding treats to pets. Further information for consumers is located in the Frequently Asked Questions section located on this web site. The pet food products are also included in the searchable data base of recalled products.

Major national brands of jarred peanut butter found in grocery stores are not affected by the PCA recall.

FDA and CDC recommendations for consumers include:

* Do not eat products that have been recalled and throw them away in a manner that prevents others from eating them.
* To determine if commercially-prepared or manufactured peanut butter/peanut paste-containing products (such as cookies, crackers, cereal, candy and ice cream) are subject to recall, consumers are urged first to visit FDA’s website and check the searchable database of recalled products.
* For information on products containing peanut butter from companies not reporting recalls, consumers may wish to consult the company’s website or call the toll-free number listed on most packaging. Information consumers may receive from the companies has not been verified by the FDA.
* If consumers cannot determine if their peanut butter, peanut butter/peanut paste-containing products or institutionally-served peanut butter contains PCA peanut butter/peanut paste, FDA recommends that they do not consume those products.
* Persons who think they may have become ill from eating peanut butter are advised to consult their health care providers.

For Retailers

* Stop selling recalled products.

For Directors of Institutions and Food Service Establishments

* Ensure that they are not serving recalled products.

For Manufacturers

* Inform consumers about whether their products could contain peanut butter or peanut paste from Peanut Corporation of America (PCA). If a manufacturer knows their products do not contain peanut butter or peanut paste from PCA, they should inform consumers of that. For specific guidance: Guidance for Industry: Product Recalls, Including Removals and Corrections

The FDA will closely monitor these events by continuing to work with the firms on the details of their actions, conducting follow-up audits and inspections, monitoring the progress of the firms’ actions, working with state and local regulatory authorities, and notifying our foreign regulatory counterparts of products that have now been confirmed as having been distributed internationally.

Ongoing Investigation

FDA has collaborated with the Centers for Disease Control and Prevention (CDC) and public health officials in various states to investigate the multi-state outbreak of human infections due to Salmonella Typhimurium. An epidemiological investigation by the Minnesota Department of Health isolated and tested subsamples from an open five-pound container of King Nut peanut butter obtained at a nursing home where three patients were sickened by the outbreak strain of Salmonella Typhimurium. The Minnesota Health officials found the peanut butter contained the same strain of Salmonella Typhimurium associated with the illnesses linked to the outbreak.

Because it is always possible that the open container was contaminated by someone or something else in the environment, the FDA and the states began testing unopened containers of the same brand of peanut butter. King Nut distributes peanut butter manufactured by the PCA to institutional facilities, food service industries, and private label food companies in several states.

On January 19, 2009, testing by the Connecticut Department of Health of an unopened container of King Nut peanut butter showed that it too contained the same strain of Salmonella Typhimurium associated with illnesses linked to the outbreak. The fact that the Salmonella Typhimurium was confirmed in an unopened container of peanut butter indicates that peanut butter originating from the processing plant was contaminated.

FDA has initiated inspections at the direct consignees of PCA and King Nut and continues to follow the distribution points for products.

The FDA has no evidence to suggest that the Salmonella Typhimurium contamination originated with any other major manufacturing facility other than PCA. The PCA facility in Blakely, Georgia is not operating at this time and the company has recalled peanut butter and peanut paste produced from July 1, 2008 to the present.

The FDA and food manufacturers are working to identify products that may be affected, and to track the ingredient supply chain of those products to facilitate their removal from the marketplace.

For the latest information on the outbreak and the epidemiological investigation, including number of illnesses and a list of states reporting illnesses, go to the CDC web page at http://www.cdc.gov/salmonella/typhimurium/.

Source

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With humility and eagerness, I am joining the faculty of Solo Practice University, a web-based, virtual law school where law students and legal professionals can learn the “how-tos” of practicing law. I will teach a course on class action litigation.

Class actions play a vital role not only in our civil justice system, but also in society as a whole. Numerous beneficial changes to industry practices, political governance, and civil rights have been achieved through the class action device.

It is indeed an honor to now have the opportunity to share with others all that I have learned about Rule 23 class actions. Mine will not be a theory course. From the initial client interview to trial and all points in between, we’ll discuss Rule 23 inside and out and you’ll obtain the tools necessary to successfully litigate a class action. Like all the other classes at Solo Practice University, this is a how-to course.

While class actions can be immensely complex and time-consuming, solo practitioners litigate them every day. Through this course, I hope to equip other solos, or law students thinking of going solo out of law school, to handle Rule 23 cases.

Thanks to Susan Cartier Liebel for extending this opportunity to me. I look forward to it. We’re going to learn a lot and, hopefully, have some fun while we’re at it.

Below is the video introduction to my course.

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On January 2, 2009, the Food and Drug Administration issued the recall below.

FOR IMMEDIATE RELEASE
January 2, 2009

Media Inquiries:
Siobhan DeLancey, 301-796-4668
Consumer Inquiries:
888-INFO-FDA

FDA Announces Class I Recall of Ophthalmic Surgical Device

The U.S. Food and Drug Administration announced a Class I recall of lot no. UD30654 of Healon D, an ophthalmic viscosurgical device (OVD) manufactured by Advanced Medical Optics Inc. (AMO) of Santa Ana, Calif.

OVDs are viscoelastic materials used to maintain space in the eye during surgery. Typically, OVDs are pre-packaged in a syringe and are applied using a small tube.

On Oct. 30, 2008, AMO voluntarily recalled all 4,439 units of Healon D lot no. UD30654 of Healon D, due to complaints of inflammation after eye surgery, including Toxic Anterior Segment Syndrome (TASS). At that time, AMO informed customers of the number and nature of adverse event reports associated with OVD from that lot, and included a fax reply form for quick communication.

However, as of December 3, 2008, AMO had retrieved only 964 units of the 1,450 that had been distributed in the United States.

AMO received 66 adverse event reports associated with the recalled products. Tests of this lot revealed elevated levels of endotoxin, which has been associated with post-operative intraocular inflammation and TASS.

TASS is a post-operative, acute inflammation of the anterior segment of the eye (the front third of the eye including the cornea, iris and lens). TASS has been linked to solutions and devices used during eye surgery, such as OVDs, intraocular lenses and irrigation solutions.

The FDA urges anyone in possession of any units from the recalled lot, whether units were purchased from the company or provided as a sample by a sales representative, to remove them from inventory, and contact AMO at 1-877-AMO-4Life to make arrangements for return. The lot number of the device is displayed on the side panel of each unit.

Health care professionals and consumers may report serious adverse events (side effects) or product quality problems with the use of this product to AMO by calling 1-877-AMO-4LIFE and to the FDA’s MedWatch Adverse Event Reporting program either online, by regular mail, fax or phone.

Online: www.fda.gov/MedWatch/report.htm
Regular Mail: use postage-paid FDA form 3500 available at www.fda.gov/MedWatch/getforms.htm and mail to MedWatch, 5600 Fishers Lane, Rockville, MD, 20852-9787
Fax: (800) FDA-0178
Phone: (800) FDA-1088

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Score another one for consumers. In Missouri, the state “Court of Appeals in St. Louis found that part of a mandatory arbitration clause in QC Financial Services Inc.’s loan contracts was both ‘procedurally’ and ’substantively’ unconscionable.”

QC Financial Service’s Inc. operates as Quick Cash, a payday lender, in Missouri. The court correctly noted that class action bans in cases involving what amounts to small claims serve to “immunize a defendant” and “paralyze consumers,” which is unconscionable.

The full story can be found here.

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