Bone screw suit places FDA in 4-way squeeze; agency's limited approval of medical device lets makers sell for wider uses; spine-tingling dispute
Article Abstract:
The Food and Drug Admin is under fire from at least four sides over its policy regarding the use of bone screws in back operations. A class action lawsuit in federal court in Philadelphia has highlighted the issue, leading to accusations that the FDA relied on advice from doctors on the take from manufacturers and revelations that the FDA gave doctors' and patients' names to the plaintiffs, triggering a Dept of Justice probe. The FDA is considering reclassifying the devices, from Class III to Class II, to plaintiffs' dismay.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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IRS struggles to define 'independent contractor;' companies trying to save on labor costs are reclassifying payroll workers, but 'clarifying' laws leave bosses at a loss
Article Abstract:
The Small Business Job Protection Act is a useful first step enabling employers with a reasonable basis for classification of a worker as an independent contractor to avoid back taxes and penalties, but the law still does not provide a clear enough definition of what an independent contractor is. Bills simplifying the definition were rejected by both the House and Senate in 1996, and the IRS must continue dealing with a 20-factor common law test employers say leans toward classifying workers as employees.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Will FCC fulfill its mandate? Agency struggles with pressures, cutbacks
Article Abstract:
The FCC faces too many responsibilities in view of the agency's underfunding and understaffing. In Oct 1992, after public outcry over rapidly rising cable rates, the agency took on the task of developing standards for local governments to use in determining these rates. The FCC also needs to respond to a remand from the 7th Circuit on television syndication rules. These two issues come at a time when the agency is struggling to keep up with the task of licensing and regulating new technologies.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1993
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- Abstracts: The National Joint Council of the Public Service of Canada: a vehicle for bargaining and dispute resolution. A pay equity saga: the public service alliance of Canada vs. the Treasury Board of Canada Secretariat
- Abstracts: The justices limit RICO, reject death appeal. Clean water bill could filter out citizen suits. Justices curtail fee-shifting; blow to citizen lawsuits
- Abstracts: Order-flow payments get new scrutiny. The 5th Circuit's approval of a no-opt-out, mass tort settlement that forecloses the rights of future claimants raises basic due process issues
- Abstracts: IRS clears question on structured payouts; more defendants might be willing to settle
- Abstracts: Shoring up malpractice insurance; the importance of prior acts coverage and extended reporting endorsements. The right amount of coverage: taking inventory of risks helps determine malpractice insurance limits
