Monday, March 03, 2003

Just a Spoonful of Sugar. . .  John Dorschner, in a Commentary in The Miami Herald, reports that part of Coca-Cola's new anti-obesity campaign centers upon the theme "that you can still drink sugar-filled Coke and be healthy and slim."  A Coke spokesperson is reported as saying that it is taking the offensive in response to the recent trend to blame corporate America for obesity (remember the recent attempted suit against McDonald's?).  To quote Mr. Dorschner, "Coke knows that in this litigious society, it better get the word out before juries start listening to lawyers." 10:10:25 PM     Bayer Attempts to Calm Fears.  Last week Bayer took out full page advertisements in newspapers in an attempt to calm fears that may be arising as a result of its ongoing trial in Texas about its drug, Baycol.  The plaintiff's lawyer, Mikal Watts, reportedly said publicly that he estimates that "by the end of the trials, Bayer will face damages payments of $30 billion to $50 billion."  Phillip Beck, Bayer's trial counsel, accuses Mr. Watts of "throwing around wildly unrealistic and unsupported numbers in the press in an effort to pressure Bayer stock, and in doing so force us to settle his case."  As reported by Reuters in The New York Times. 9:49:10 PM     Glue Attaching Foam Insulation to Space Shuttle Fuel Tanks Questioned.  John Ehlers, a former document manager at the plant that made the Columbia's fuel tank, said that the epoxy used to attach foam insulation to the fuel tanks may not have allowed the glue to dry properly in the area where the foam snapped off just after lift-off.  NASA's investigation continues.  As reported by The Associated Press in The Houston Chronicle. 9:32:08 PM     Child Car Safety Seat Instructions Too Complicated.  A study being published in the March issue of Pediatrics finds that approximately 80% of child car safety seats are improperly installed or misused because the instructions that accompany them are "written in language too difficult for many adults to understand."  According to the researchers, the instructions are written at a tenth grade level while most Americans read at the fifth or eighth grade levels.  Joe Coella of the National Safe Kids Campaign is reported as saying "For liability reasons, lawyers usually are involved in writing installation instructions, and legal jargon may make instructions confusing."  Also as reported in The Miami Herald. 9:21:19 PM     Campbell Recalls Soup. Last week Campbell announced that it was recalling approximately 56,000 pounds of soup that may be contaminated with an undeclared allergen that could cause allergic reactions to those with food allergies. 9:12:16 PM     As I Suspected.  Rhode Island lawyers estimate that at least $1 billion in damages will be sought in lawsuits being filed as a result of the fire at The Station nightclub in Rhode Island on February 20th. While a grand jury investigates potential criminal charges, lawyers are preparing the civil suits to follow.  Mark Decof, one of the plainitffs' attorneys, is quoted as saying, "The most culpable people seem to be the owners of the bar and the band.  But it would appear there is wholly inadequate coverage there.  So you have to look elsewhere - starting with the products involved, the people who supplied them, the people who prepared them, and maintained them."  All as reported by The Associated Press. 9:05:25 PM     More Re: Cutting Corners.  According to The Associated Press, documents released today show that local fire and building code inspectors may have failed to recognize that The Station nightclub in Rhode Island used improper packaging material as soundproofing.  The officials allegedly visited the club at least annually to decide whether to renew its liquor license. Although towns are reportedly immune under state law absent extraordinary wrongdoing, Paul Martinkek (Editor of Lawyers Weekly USA) opines that the omissions of these officials may rise to that level.  Meanwhile, a grand jury continues to review the case 8:57:27 PM

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