Jim Goodin is one of the many talented panelists presenting at a seminar entitled, “Advanced Civil Mediation Training,” on October 20, 2011. The seminar is presented by the Indiana Trial Lawyers Association. You can visit the ITLA website and register for the seminar.
Goodin Abernathy LLP is a proud supporter of the the Indianapolis Youth Hockey Association and its efforts to promote youth hockey in Indianapolis and the surrounding communities. If you or someone you know are interested in youth hockey, please contact the IYHA by clicking here.
Goodin Abernathy partner, Christopher “Chip” Clark, will be one of the presenters at the National Business Institute Seminar entitled, “Handling Complex Auto Insurance Coverage Disputes,” being held in Indianapolis on December 9, 2011. For more information, or to register for this informative seminar, click here.
(Xanax)
SOURCE: IC 9-21-8-59; (11)HE1129.1.4. –> SECTION 4. IC 9-21-8-59 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 59. (a) A person may not use a telecommunications device to: (1) type a text message or an electronic mail message; (2) transmit a text message or an electronic mail message; or (3) read a text message or an electronic mail message; while operating a moving motor vehicle unless the device is used in conjunction with hands free or voice operated technology, or unless the device is used to call 911 to report a bona fide emergency. (b) A police officer may not confiscate a telecommuni-cations device for the purpose of determining compliance with this section or confiscate a telecommunications device and retain it as evidence pending trial for a violation of this section.
For Immediate Release, 5/1/2010 – Contact: Amy Williams, Communications Director, (630) 775-2307, amy.williams@nsc.org
Motorcyclists are much more vulnerable to crashes than other drivers. Many crashes occur because motorcycles are hidden in a vehicle’s blind spot. It is important that motorists always make a visual check for motorcyclists by checking mirrors and blind spots before entering or leaving a lane of traffic.
May is Motorcycle Safety Awareness Month. Throughout May, the National Safety Council will encourage motorists to share the road with motorcyclists and be extra alert when they are nearby. Fatalities involving motorists and motorcyclists increased 131 percent between 1998 and 2008. The mileage death rate for motorcyclists in 2007 was 37 times greater than for passenger car occupants. “Throughout spring and summer the number of motorcyclists on the road will increase. It is important for both motorists and motorcyclists to be aware of one another,” said David Teater, NSC senior director of Transportation Initiatives. (Valium) “To better defend themselves, motorcyclists should follow the rules of the roadway and wear protective gear, including a Department of Transportation compliant helmet.”
Allow greater following distance behind a motorcycle.
Be extra cautious in intersections. Most crashes occur when a motorist fails to see a motorcyclist and turns left in front of a motorcycle.
Give a motorcycle the full lane width – never try to share a lane.
Avoid riding in poor weather conditions.
Position motorcycle in lane where you will be out of a motorist’s blind spot.
Use turn signals for every turn or lane change.
Tuesday, March 22, 2011
Zach Zagger at 11:36 AM ET
[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday ruled that a shareholder class action suit can continue against Matrixx Initiatives, the maker of Zicam Cold Remedy, for failure to disclose harmful side effects that were not statistically significant. The shareholders alleged that Matrixx failed to disclose reports of a possible link between the active ingredient in Zicam and loss of smell and that, in light of these reports, had made misleading statements to the public about Zicam’s possible side effects. The unanimous opinion by Justice Sonia Sotomayor in Matrixx Initiatives, Inc. v. Siracusano held that the respondents representing the shareholders had stated a claim under § 10(b) of the Securities Exchange Act of 1934 and Exchange Commission Rule 10b-5 for employment of a manipulative or deceptive device. These laws require that the shareholders allege that Matrixx intentionally disclosed material information to investors. Matrixx claimed that the link between Zicam and loss of smell was not material because it was not statistically significant. The Supreme Court did not agree with such a bright-line rule:
Although in many cases reasonable investors would not consider reports of adverse events to be material information, respondents have alleged facts plausibly suggesting that reasonable investors would have viewed these particular reports as material. Respondents have also alleged facts giving rise to a strong inference that Matrixx acted with the required state of mind.
The court reasoned that oftentimes medical experts and the Food and Drug Administration rely on less than statistically significant data to prove causation and that a reasonable investor may be inclined to do the same. Matrixx also argued that that the shareholders did not allege facts sufficient to prove the scienter requirement. However, the court held the shareholders met their burden because, assuming the alleged facts to be true, there was a cogent and compelling inference that Matrixx withheld disclosure to prevent harmful impacts on the marketing of Zicam.
The decision upholds the US Court of Appeals for the Ninth Circuit ruling in favor of the shareholders. Counsel for Matrixx had argued during oral argument that the reports do not establish any reliable facts about the drug and that a duty to report these results would unfairly affect the company. Matrixx claimed that, absent evidence that “the company has knowledge of facts establishing a reliable basis for inferring that the drug itself is the cause of the reported event,” neither the materiality nor scienter requirements of the securities laws were violated.
