Nissan Increases Altima Recall To 640,000

The Chicago (IL) Tribune (3/9, Undercoffler, 2.42M) reported that Nissan has increased the number of 2013 Altimas involved in last year’s October recall from 220,000 to 625,000 in the US and 15,000 in Canada due to “a flaw that can cause the hood to fly open while the car is being driven.” The Tribune reported that Nissan does not currently have a fix to the issue but will attempt to mitigate the defect with a plan to “inspect and lubricate the potentially defective secondary latches free of charge at dealerships and will be notifying owners of affected vehicles.” Nissan is not yet aware of any injuries or accidents related to the defect.


Lawsuit May Improve Protection For Senior Citizens

The Palm Springs (CA) Desert Sun (2/6, Atagi, 85K) reported that “a Rancho Mirage woman’s civil lawsuit citing fraud and elder abuse could be a ‘huge’ step toward protecting senior citizens from potential financial scams, a consumer advocacy group says.” According to a complaint filed “in Riverside County Superior Court last year, Lois Brown claims a Palm Desert insurance agent convinced her to buy annuities under the guise of a program benefiting low-income war veterans and their spouses, even though she wasn’t qualified.” The Palm Springs Desert Sun adds, “Rarely do victims of elder abuse pursue litigation against suspected scammers, said Prescott Cole, senior staff attorney for the California Advocates for Nursing Home Reform in San Francisco.”


NPR Reports On Workplace Injuries Suffered By Nurses

NPR’s “All Things Considered”(2/4, 1.58M) examined the dangers nurses face at work, noting that the Department of Labor’s Bureau of Labor Statistics (BLS) found that more than 35,000 nursing employees suffer back and other injuries at work each year. According to the BLS, “nursing assistants are injured more than any other occupation, followed by warehouse workers, truckers, stock clerks and registered nurses.” The piece notes how some hospitals are trying to reduce the risk. However, “David Michaels, the assistant secretary of Labor who heads the U.S. Occupational Safety and Health Administration,” said Congress and the courts have severely restricted OSHA’s ability “to require hospitals to protect nursing employees.”


FDA Warns Apotex Regarding Indian Drug Manufacturing Facility

According to The Wall Street Journal (2/4, Silverman, 5.67M) the US Food and Drug Administration sent a warning letter to Apotex, for violations in its manufacturing of generic medications at a facility in Bangalore, India. The FDA has sent several similar letters to Apotex in the past.


Read the Constitution

Have you read the U.S. Constitution, including the ten amendments known as the Bill of Rights? If not, take an hour out of a weekend and read the Constitution. You may be surprised at what you find. I would especially encourage our politicians to read the Constitution. I am afraid that many of our elected officials, both state and federal, Democrat and Republican, are not familiar with the contents of our Constitution. 

The Seventh Amendment to the Constitution is a part of the Bill of Rights. My profession is based on the rights granted by the Seventh Amendment. That’s why I felt it appropriate to discuss this Amendment to the Constitution in my first blog. The Seventh Amendment gives each U.S. citizen a constitutional right to a trial by jury to resolve civil disputes. The Seventh Amendment states “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”

Our right to a trial by jury in civil cases is slowly but surely being infringed upon. In future blog posts, I will discuss the various ways in which the Seventh Amendment is being marginalized. But, to begin with, let’s read the United States Constitution. I have included for your review the first ten amendments to the Constitution, known as the Bill of Rights. 

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment II

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Amendment III

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Boyd B. Newton PC is a prominent Atlanta Trial Attorney.  To Learn more about his practice and credentials follow this link