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Prescription Drug Litigation Update
2007-04-25 11:19:00
The American Association for Justice recently reported as follows concerning its efforts to protect consumers from dangerous pharmaceutical products:"Access to Justice Campaign has just won its second big challenge to federal preemption of state law claims against a prescription drug manufacturer. This decision is especially important because the U.S. Food and Drug Administration (FDA) has recently attempted -- in the preamble accompanying new prescription drug regulations -- to dramatically expand federal preemption, threatening to prevent victims of dangerous drugs from holding the manufacturers accountable under state law. The court in Kelly v. Wyeth held, as Public Justice and our co-counsel the Center for Constitutional Litigation (CCL) had urged, that the FDA's approval of a generic prescription drug's label does NOT preempt claims against a drug maker for failing to warn consumers of known risks. We [the AAJ, et al.] represent Janet Kelly, who was prescribed metoclopramide ...
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E. coli contamination - Idaho Food Poisoning Lawyer
2007-04-24 15:52:00
The Associated Press recently reported as follows in the San Jose Mercury News:Company Blames E. coli Contamination on Slaughterhouse Richwood Meat, the company whose hamburger patties sickened three CA children, is blaming the E. coli contamination on the slaughterhouse that processed the meat. The vice president of the company claims he does not know which facility provided the meat. A recall Friday affected 100,000 pounds of frozen ground beef produced one year ago.  The Associated Press, San Jose Mercury News  04/22/2007To speak with an Idaho food poisoning attorney, please contact the Boise Idaho food poisoning law firm of Mahoney Law, PLLC.  www.patrickmahoneylaw.com. 
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Carfax Class Action Settlement
2007-04-16 14:26:00
The Boston Globe reported yesterday as follows concerning a proposed class action settlement involving Carfax:  Public Citizen, an auto safety advocacy group, says the proposed settlement of a class-action lawsuit against Carfax doesn't go "far enough" to reimburse plaintiffs. The lawsuit claims the company's title searches for used cars were misleading. Under the settlement, customers who used Carfax before October 2006 would get $20 off a vehicle inspection and two free Carfax Vehicle History reports, among other discounts.  David Shepardson, Boston Globe  04/15/2007To speak with a class action lawyer for class action claims in Boise and throughout Idaho, please contact the Boise Idaho class action law firm of Mahoney Law, PLLC. 
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Stove Related Product Liability Issues -- Idaho Product Liability Lawyer
2007-04-12 17:21:00
The Washington Post recently reported as follows in an article of April 6, 2007 concerning stove-tipping concerns: "Stephanie Moran was cooking chicken on the stove in her apartment while her two children, Jarod Moran, 2, and Jamie Hamblin, 1, played in the kitchen. The pot was out of their reach on the back burner when Jarod pulled down the oven door and stood on it. The stove began to tip over. The pot of boiling water and chicken flew into the air, landing on Jamie and scalding the lower right side of his body...The accident is one of about 84 injuries and 33 deaths caused by tipping stoves from 1980 to 2006 and documented by the Consumer Product Safety Commission. Consumer groups called on retailers and manufacturers yesterday to take steps to prevent such accidents. 'Our concern is that the public is totally uninformed about these dangers. We think that everyone who has bought these should be notified' said Joan Claybrook, president of Public Citizen, a nonprofit consume...
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What Is A Personal Injury Lawyer? -- Boise Idaho Personal Injury Lawyer
2007-04-11 22:58:00
People often wonder, "what exactly is a personal injury lawyer?"  A personal injury lawyer is one who accepts cases wherein a claimant or "plaintiff" is a victim of an injury.  The injury is alleged to have been caused by the fault of another and through no fault of the victim.  A personal injury lawyer will either work with the opposing party or their insurance company to achieve a resolution of a personal injury claim by settlement.  However, if settlement is not possible, a personal injury lawyer will take the personal injury claim to trial in front of a jury.  A personal injury lawyer may accept the following types of personal injury cases: auto accidents; trucking accidents; bicycle accidents; motorcycle accidents; boating accidents; product liability claims; medical malpractice claims; slip and fall cases; falling merchandise cases; food poisoning cases; and many others.   To speak with a Boise Idaho personal injury lawyer...
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Wrongful Death Claim Damages Cap in Idaho -- Boise Idaho Wrongful Death Law
2007-04-05 22:27:00
Few Idaho ans realize that general wrongful death damages for loss of a relationship in Idaho are capped, by statute, at $250,000 per claimant.  This means that surviving loved ones cannot recover more than $250,000 each for the loss of a beloved family member.  A small daughter can only recover $250,000 for the loss of her mom due the negligence of a semi-truck company in employing a poorly trained truck driver.  A loving mother can only recover $250,000 for the loss of her son or husband due to the negligence of a manufacturer in making a faulty consumer product.  The exception to this rule is if a plaintiff (claimant) can prove the negligent party was also "reckless," i.e., that they acted with a reckless state of mind in disregard of a high probability of harm.  While this statutory cap is unfair, unjust, and immoral, it is a factor that a wrongful death lawyer must evaluate in any wrongful death lawsuit.  To speak with a wrongful death lawyer p...
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A New Insurance Law In Idaho -- Boise Idaho Auto Accident Lawyer
2007-04-04 17:38:00
Senate Bill 1126 is now law in Idaho.  This law is good for Idaho's citizens involved in motor vehicle accident claims.  In a nutshell, it provides that when you loan your car to someone, you are covered up to your insurance policy limits.  It also provides that when you loan your car to a family member in your home that family member is also covered up to the full limits of your insurance policy.  To speak with a Bois e Idaho Auto Accident Lawyer please contact the Boise Idaho law firm of Mahoney Law PLLC.  www.patrickmahoneylaw.com.   
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Product Liability Claims in Idaho , Part I -- Idaho Product Liability Lawye
2007-03-31 20:56:00
A product liability claim involves seeking compensation from the manufacturer or retailer of a dangerous and defective product that causes injury or death to a consumer.  Product liability claims may also involve negligently designed products and/or the failure to warn on the part of a manufacturer about a product's dangerous propensities.  Product liability claims can involve any product that causes injury or death, such as motor vehicles, power tools, heavy equipment, manufacturing equipment, sporting goods, or other consumer goods.  Product liability claims may also involve unsafe drugs that do not work as intended or that have unanticipated side effects.  Idaho , like many states, has an entire statutory framework that provides the outline for product liability claims.  Product liability claims usually involve extensive work by a product liability attorney in conjunction with one or more expert witnesses, such as engineers, safety experts, accident recon...
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Auto Wreck on I-84 Sends Driver to Hospital
2007-03-29 13:11:00
The Idaho State Police issued the following in a press release concerning an injury accident auto crash on I-84 in Idaho:  "On March 22, 2007 at 7:51 am, a two-vehicle crash occurred westbound on I84 at mile marker 44, west of the Meridian interchange causing traffic congestion for two hours.  A witness reported seeing two dogs running in the median when a Ford F150 truck stopped in the median so the driver could attempt to wrangle the dogs.  Either one or both of the dogs ran into westbound traffic towards the north side of the interstate.  Theodore Vavricka Jr, age 44 of Boise, driving a white 2003 Chevrolet Silverado slowed down to avoid traffic in front of him.  Bruce McGlothlin, age 45 of Homedale, driving a 1998 Ford truck swerved to the left and then applied his breaks striking Vavricka's truck.  The impact caused McGlothlin's vehicle to roll over in the westbound lanes spilling the load of plywood he was carrying.  McGlothlin was transpor...
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Wrongful Death Claims in Idaho - Idaho Wrongful Death Lawyer
2007-03-28 18:56:00
When tragedy strikes a family by the untimely death of a loved one due to the fault of another, surviving loved ones are often left to put the pieces back together.  In some instances, this may involve a wrongful death claim brought by a wrongful death lawyer against the responsible party.  In Idaho , the surviving loved ones of a decedent have the right to make a wrongful death claim by statute depending on how closely related they were.  A complaint must be filed in court within two years of the death.  You and your lawyer must prove the negligence or legal culpability of the accused party in causing the death, such as by the negligent operation of a car or truck, medical malpractice, or by a dangerous product.  Monetary damages may include funeral expenses, loss of financial support from the loved one, and general damages for loss of companionship.   Monetary damages for loss of financial support can be quite high in some cases in which...
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Pet Food Poisoning Claims -- Idaho Food Poisoning Lawyer
2007-03-27 16:24:00
There is much current discussion about the rights of pet owners whose animals have died allegedly due to eating contaminated pet food.  Pet owners have legal rights under these circumstances.  Potential claims may be based upon the alleged negligence of a manufacturer of pet food, the alleged failure of a manufacturer to timely warn, and the alleged failure of a manufacturer to timely recall its tainted product.  Such claims may also be based upon a pet food manufacturer having sold a dangerous and defective product to consumers.  Each claim is unique from both a liability and monetary damages perspective.  Such claims may also be demonstrated by an attorney to be proper for class action status.  To speak with a lawyer on pet food poisoning claims in Idaho , please contact the law offices of Mahoney Law PLLC.  www.patrickmahoneylaw.com.  
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Passengers in Single Vehicle Accidents - Know Your Options
2007-03-26 11:34:00
Many times, passengers in single vehicle accidents do not understand what their options are in terms of recovery for personal injuries.  This situation may arise in a single-vehicle rollover accident involving serious injuries.  In Idaho, if the driver of the vehicle was negligent in causing the accident, then passengers may recover against the driver.  If the driver does not have adequate insurance or if the driver has no insurance, then the passengers may look to their own insurance for potential recovery under either underinsured coverage or uninsured coverage.  This is one reason why it is a good idea to make sure you have underinsured and uninsured coverage, preferably at $300,000 in coverage or more.  For more information on passenger auto injury accident claims in Boise and throughout Idaho, please contact Mahoney Law PLLC, www.patrickmahoneylaw.com.
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Boise Idaho Medical Malpractice Lawyer - Medical Malpractice Claims - Part
2007-03-25 14:44:00
This is the first in a multi-part series on Idaho Medical Malpractice claims.  Many victims of medical malpractice in Idaho do not realize that their immediate access to the court system is limited by statute.  In Idaho, before you can seek monetary compensation from a negligent care provider in court, the law requires that you must first file an application for an administrative hearing with the Idaho Board of Medicine.  This is called an application for a pre-litigation screening panel hearing.  This "hearing" is presided over by several doctors, and usually a lawyer and a lay person.  The ostensible purpose of the hearing is to weed out frivolous claims.  The panel purportedly does this by issuing a panel decision advising the claimant on whether the claim has merit or not.  The panel decision is completely non-binding and inadmissible in court.  Critics argue that the panel process amounts to little more than the proverbial fox guarding th...
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Rat Poison Found In Pet Food -- Idaho Food Poisoning Lawyer
2007-03-24 18:19:00
Rat poisoning is reported to have been found in pet food according to scientists.  The company that manufacturers the pet food, Menu Food s, has expanded its recall to 95 brands of the wet-style food.  The company is reported to have said it will take responsibility for pet-related medical expenses caused by the tainted food.  Several pets are now alleged to have died as a result of eating the food.  For Menu Foods' link to a list of the recalled pet food, as of 3/23/07, go to http://tinyurl.com/2pn6mm.  For information on food poisoning claims in Idaho , please contact the law offices of Mahoney Law, PLLC, www.patrickmahoneylaw.com.
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Welcome to The Idaho Injury Accident Lawyer, the blog of Mahoney Law PLLC o
2007-03-24 16:19:00
Mahoney Law, PLLC of Boise, Idaho is a premier Idaho injury accident law firm.  We represent injury accident victims in all types of cases.  Our representation spans all areas of injury law, including auto accidents, trucking accidents, medical malpractice, dental malpractice, and product liability.  We also represent victims in slip and fall cases, falling merchandise cases, food poisoning cases, wrongful death, negligent road design claims, motorcycle accident claims, bicycle injury accidents, and boating injury cases.  Our focus in on representing the victims of injuries--we do not represent insurance companies or corporations.  We strive to represent ordinary Idahoans and families who have been injured or wronged in extraordinary ways.  We are not afraid to go to trial and present our client's case to a jury, but we also endeavor to obtain favorable monetary settlements for our clients if possible.  In the weeks and months to follow, we w...
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From the Idaho Auto Accident Insurance Lawyer: Underinsured Driver Coverage
2007-03-23 17:29:00
According to Governor Otter's website, today he vetoed Idaho Senate Bill 1125.  This bill was introduced to solve an ongoing problem here in Idaho: that of underinsured drivers.  The bill would have made it mandatory for insurance companies to offer underinsured motorist coverage to policy buyers.  The bill would have also made it illegal for insurance companies to use hidden clauses in insurance policies to reduce the amount of underinsured coverage limits by a hidden formula.  The bill was widely regarded as being pro-consumer and was designed to help ordinary Idahoans.  The damage done by underinsured drivers can be staggering, putting the burden to pick up uncovered medical bills on health care facilities, as well as County and State government.  Although certain insurance industry organizations opposed the measure, it had overwhelmingly passed both the House and Senate, receiving only 2 no votes in each house.  The insurance industry had...
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Mahoney Law, PLLC to present at continuing legal education seminars
2007-03-23 16:38:00
Patrick Mahoney, attorney and principal of Mahoney Law, PLLC has accepted invitations to speak at two continuing legal education seminars in Boise, Idaho in the upcomming months.  The seminars are on: Taking Effective Depositions; and Auto Accident Settlements.  Mr. Mahoney will bring his experience to bear as an Idaho injury accident attorney in both of these presentations, which are sure to be interesting and informative.  For information on location, dates, time, and course materials, please contact Mr. Mahoney through the firm's website at www.patrickmahoneylaw.com. 
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From the Idaho Auto Accident Lawyer: Do I Have A Personal Injury Auto Accid
2007-03-23 16:36:00
Being the victim of an injury auto accident can be a confusing process.  A car crash can be devastating on a personal level for many reasons.  For better or worse, from the law's perspective, there are several cut-and-dried things that give rise to a valid personal injury auto wreck claim.  These are true whether you are in negotiations with the opposing insurance company or if you have been forced to present your case to a jury at trial.  First, you and your lawyer will have to prove liability.  Liability means that the other side is at fault for causing the auto collision.  In Idaho, you generally do not have a claim unless, in the final analysis, the other side is more at fault than you.  The easiest way to prove fault is in cases where the other driver is cited by the police for a traffic infraction or misdemeanor, such as rear-end collisions or drunk driving accidents where there is no debate over who caused...
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Idaho Dog Bite Lawyer Information: There May Not Be One Free Bite!
2007-03-21 18:46:00
Many people believe that the dog bite law in Idaho is that a dog owner is entitled to one free bite.  This may not be true depending on the facts of the case.  For example, the City of Boise has a city code provision that provides for strict liability against dog owners in favor of dog bite victims.  This means that if someone is attacked and injured by a dog in Boise, the owner is liable for your civil damages regardless of whether or not the dog has bitten someone before!  Other cities and towns may have similar ordinances, but some don't.  Even if the dog mauling occurs in a town without a strict liability ordinance, the owner may still be liable if the owner knew of violent propensities on the part of the dog or if the dog is a breed that is known to be potentially dangerous, such as a pit bull.  Each case is unique and nobody should automatically assume that a "one free bite" rule applies.  For more information concerning dog bite law in Idah...
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Idaho Injury Accident Lawyer joins Technorati.com
2007-03-21 18:24:00
The Idaho Injury Accident Lawyer is pleased to annouce that it has joined the Tech no rati blog community.<a href="http://technorati.com/claim/u67wxq5 cde" rel="me">Technorati Profile</a>