By Jaime Bochet
Of the Legal Staff
Welcome to your daily round-up of stories in today's edition of The Legal Intelligencer. Click the links below to access stories directly, or head to The Legal homepage. (Some stories may require registration or a paid subscription.)
For th second day in a row, U.S. Courthouse Correspondent Shannon P. Duffy leads today's paper with a 3rd Circuit class action case: In a ruling that may sound the death knell for bringing medical monitoring suits as a class action, the 3rd Circuit has refused to certify claims brought by residents of a small northern Illinois town who say they live in fear of contracting cancer due to chemical dumping from a Rohm & Haas plant.
Sharing the top of the page, senior reporter Gina Passarella has a big verdict out of Delaware County. A jury there has awarded $3.8 million to the estate of a 52-year-old woman who died of sepsis at Riddle Memorial Hospital 14 hours after going to the emergency room with severe constipation. The award is said to be one of the highest medical malpractice awards, if not the highest, in the county in several years and is one of less than a handful of cases that have gone in the plaintiff's favor in five years.
Our Page 3 Regional News story today is by reporter Zack Needles, who has another verdict: The state Superior Court has upheld a nearly $5.3 million verdict a Berks County jury awarded to the wife of a man who died after his doctor allegedly failed to diagnose and treat him for heart disease.
The Legal's contributed columns begin on Page 5, an "Employment Law" column by solo Jeffrey Campolongo, who writes that internal review does not relieve an employer of "cat's paw" liability.
Page 7 has our weekly "Bankruptcy Update" column, this week by Rudolph DiMassa and Blake Roth of Duane Morris, who cover a matter of apparent first impression: In Spicer v. Laguna Madre Oil & Gas II LLC (In re Texas Wyoming Drilling Inc.), the 5th U.S. Circuit Court of Appeals held in an opinion dated July 21 that it was permissible to consider both a plan of reorganization and its accompanying disclosure statement when determining whether a debtor had sufficiently preserved certain causes of action pursuant to § 1123 of the Bankruptcy Code.
Have questions or comments about any of today's stories, or our coverage as a whole? E-mail me or any of the reporters directly. We hope you'll enjoy today's Legal!