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January 2011
ATTORNEY SPOTLIGHT - BRAD A.
IN THIS ISSUE 
litigation firm, Price Waicukauski & member of our personal injury and attorney malpractice litigation groups and has represented corporations in complex business litigation cases. He is also co-editor of the Indiana Law Update Blog. Brad is admitted to practice
Brad is a native of Indianapolis and attended Wabash QUICK LINKS:
College as an Honor Scholar. He graduated from Wabash cum laude with an A.B. in Political Science and obtained his law degree from the University of Notre Dame School of Law. Read Brad's full bio or connect with Brad on
Meet Our Attorneys
FIRM NEWS
Mortgage Mix Up Could Cost Family their Home
Channel 6 News reports: "Bickering between banks over who owns the mortgage to a Bloomington home could force the family living there into foreclosure. Homeowner Jonathan Partlow said he was trying to modify his family's loan with Washington Mutual when he received a notice from La Salle Bank seeking to foreclose on his property, 6 News' Rafael Sanchez reported."
"The Partlows have filed a lawsuit in Monroe County Circuit Court against the banks seeking to stop the foreclosure. As a matter of common sense, two banks can't have rights to
a single debt," said the family's attorney, Joe Williams of
Price Waicukauski & Riley, LLC. Watch the video news
coverage from Channel 6 News.

Alternative Billing Whitepaper Published
Business clients now have alternatives to the traditional billable hour, including fixed fees, contingency fees, and blended fee arrangements. Principal Member Ron
Waicukauski recently published a whitepaper which
describes and details the most common billing arrangements for business clients beyond the billable hour. Download a copy of the whitepaper here.
FIRM ANNOUNCEMENT
Price Waicukauski & Riley, LLC Paralegals Join the

Indianapolis Bar Associations' Executive Paralegal
Council
On January 6, 2011, Karen Cavosie and Valerie Bloom
joined the IBA's Paralegal Committee. The Council's purpose is to represent and promote the objectives of the Association within the paralegal field. The Council is  Studying and reporting upon proposed, necessary and desirable Federal and State legislation,  Encouraging members of the Association interested in the issues of the paralegal profession throughout Indiana to meet and confer upon their various  Promoting the legal education of members through the sponsoring of meetings, institutes and  Preparing and publishing legal writings in the Karen Cavosie Valerie Bloom
RECENT VERDICTS & SETTLEMENTS
Settlement Reached in Business Dispute Involving
Alleged Breach of Non-compete and Confidentiality

Agreements and Misappropriation of Trade Secrets
On January 4, 2011, Price Waicukauski & Riley, LLC attorneys, Ron Waicukauski and Brad Catlin, obtained a settlement in a long-running business dispute between our client, a high-tech military contractor, and the defendants, a former employee and former Purdue professor. The case involved allegations that the defendants had breached duties of confidentiality and loyalty, violated a non-compete agreement, and misappropriated trade secrets. A bench trial was started in the case on January 3 and after the second day of testimony, a settlement was reached. The terms of the settlement are confidential. Settlement Reached in Dispute Involving Alleged
Breach of Contract and Bad Faith by a Health
On January 3, 2011, Price Waicukauski & Riley, LLC attorney, Joseph Williams, obtained a settlement in a case involving a major health insurer's decision to deny health insurance coverage. The case involved the health insurer's alleged bad faith decision to deny coverage for the treatment of a health condition that was allegedly not disclosed during the application process. The terms of the Deshazer Settlement Announced
On January 3, 2011, Price Waicukauski & Riley, LLC attorney Jamie Kendall settled an underinsured motorist claim involving a concussion and a soft tissue injury for $100,000. The case involved a seventeen year old high school student who was injured when the vehicle he was riding in was struck by a drunk driver. The tortfeasor's insurance carrier settled with the client late last year. Read more about other recent verdicts and settlements
NATIONAL LEGAL NEWS
Supreme Court to Hear Arguments in Zicam Case

The Arizona Republic (1/10, Alltucker) reports that a
"Scottsdale-based company that sells Zicam cold and flu
products will argue a case today before the US Supreme Court that could shape what drugmakers, medical companies and other businesses tell investors about their products." The article adds that the "case centers on whether publicly traded Matrixx Initatives violated securities laws when it didn't tell investors that some consumers complained that they lost their sense of smell after using Zicam Cold Remedy nasal spray and gel swabs." Notably, drugmakers supporting Matrixx Initiatives are "arguing that widespread disclosure of medical complaints from people who take drugs or use medical devices would
confuse investors and consumers." Read more.

FDA Launches New Web-Based Resource as Part of
Transparency Initiative
MedPage Today (1/7, Walker) reported, "As part of its
continued push to increase transparency in an agency once
notorious for making decisions behind closed doors, the FDA has launched a new Web-based resource that industry can use to keep abreast of the regulatory status for drugs, devices, food, and cosmetics." The "new Web offering is just one of 19 actions discussed in a report released Tuesday called 'FDA Transparency Initiative: Improving Transparency to Regulated Industry.'" Read more.
Doctors Argue Hospitals Should Bar Sleep-Deprived
Surgeons from Performing Elective Surgery
The Los Angeles Times (12/30, Brown) reports,
"Hospitals should not allow surgeons to perform elective procedures on patients if they have been awake the previous night taking calls, a trio of physicians argued in Thursday's edition of the New England Journal of
Medicine." Read more.

Anesthesiologists, Nurse-Anesthetists Contribute to
Disease Transmission During Operations
HealthDay (12/29, Dotinga) reported that "bacteria often
contaminate the hands of those who give anesthesia to
surgical patients, and those germs contribute to disease transmission during operations," according to a study published in the journal Anesthesia & Analgesia. Read

Groups File Suit over Drug Makers' Online Practices
American Medical News (12/27, Dolan) reports, "Four
privacy advocacy groups have filed a complaint with the Federal Trade Commission, asking it to investigate the online marketing practices of pharmaceutical companies." Notably, the "Center for Digital Democracy, Consumer Watchdog, the US Public Interest Research Groups and the World Privacy Forum filed a 144-page complaint in late November alleging that certain websites allow pharmaceutical companies to collect patient information and information on physicians' prescribing and treatment patterns to market health-related services or drugs directly
to the consumers or physicians." Read more.

Stark to Reintroduce Medicare Fraud Measure in
The Hill (12/24, Pecquet) reported in its "Healthwatch"
blog, "The top Democrat and Republican on the Ways and
Means's Health subcommittee vowed Thursday to reintroduce their bill closing loopholes in Medicare fraud prevention efforts." Read more.

Note: All national legal news stories are reported by the
American Association for Justice.
INDIANA LAW UPDATE - THE BLOG
IndianaLawUpdate.com is an online resource for Indiana Lawyers to stay updated on developments in Indiana law. The blog focuses on recent decisions from Indiana Courts and the Seventh Circuit. Read the latest blog posts and
subscribe to our RSS feed. Recent posts include:
Class Action Litigation May Change Greatly
After SCOTUS's Current Term
7th Circuit Will Not Allow You to Resign from
its Bar to Avoid Disbarment
Order Granting Summary Judgment to
Insurer on Duty to Defend is Not
Immediately Appealable

CASE SPOTLIGHT: AVANDIA®
What is Avandia®?
Avandia® is an oral anti-diabetic agent which acts primarily by increasing insulin sensitivity. Avandia® is used in the management of Type 2 diabetes mellitus. Avandia® is manufactured by GlaxoSmith and was originally approved
What are the medical and legal issues with
Avandia®?
Avandia® has been linked to increased obesity as well as increased risk of heart attacks and heart failure. The FDA has updated the product's labeling on several occasions. The most recent labeling change for Avandia® also included a new warning about a potential increase in heart attacks and heart-related chest pain in some individuals using Avandia®. This new warning was based on the result of a clinical trial in patients with existing
Contact Us for a Complimentary Consultation
If you or a loved one have taken Avandia® and have suffered a heart attack, heart failure, death or other serious
disorder, contact our Indiana based Class Action lawyers
to assess any potential claim and possible lawsuit you may ATTORNEY REFERRALS WELCOME
A significant amount of our practice consists of
representing clients referred by other lawyers in Indiana and throughout the country. Most attorneys choose to refer  They feel confident that their client will be well taken care of - both in the quality of work and the  Their firm does not focus on the same practice  They understand that we respect their client relationship and will not attempt to replace the firm Our practice focuses on representing plaintiffs in complex cases including class actions, business disputes, pharmaceutical litigation, professional malpractice, and We look forward to discussing your specific needs and helping you with your case. For attorney referrals, please contact Ronald Waicukauski at (800) 905-2856 or
please CLICK HERE to complete an online form.
Price Waicukauski & Riley, LLC | 301 Massachusetts Ave | Indianapolis, IN | 46204 800-905-2856 (Toll Free) | 317-633-8787 (Local) | 317-633-8797 (Fax)

Source: http://www.price-law.com/pdf/Newsletter01.2011.pdf

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