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Legal Issues
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Zoonotic disease dangers present legal risks to veterinarians
5/2/2013
Communication key to mitigating liability, experts say
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Ease of Web publishing raises potential for copyright breach
3/11/2013
Ignorance doesn't diminish liability
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When microchips muddle pet ownership status
12/13/2012
Laws outdated; veterinarians caught in middle
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‘Sentience’ statement rouses debate among veterinarians
12/3/2012
AAHA adopts controversial classification of animals
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Ultrasound machine salesman pleads guilty to theft
11/8/2012
Plea follows indictment of Patrick Jackson
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Veterinarians react to allegations colleague dumped dead pets
6/1/2012
Roadside carcass disposal 'disgusting' but not unique, some suggest
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Veterinary diagnostics giant sues multiple practitioners
3/9/2012
VCA Antech alleges breach of extended lab service contracts
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Bayer, Lilly settle dispute over diversion-related advertising
11/21/2011
Elanco must edit claims to veterinarians
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Loan broker accused of bilking veterinarians now sells wellness plans
11/10/2011
Ron Paterson draws more complaints
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More veterinarians sue flea products broker WTF Wholesale
11/4/2011
Claims collectively top a half-million dollars
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Equipment dealer deludes some, aids others
11/2/2011
Ron Sassetti earns mixed reviews from veterinarians
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Pet owners receive $12.4 million in melamine case
10/12/2011
Legal, other expenses claim the rest in class-action settlement
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AVMA asked to acknowledge court ruling in compounding brochure
9/20/2011
Some celebrate while others downplay ruling's significance
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Veterinary compounding out of FDA’s jurisdiction, judge rules
9/13/2011
Franck's wins legal battle against federal regulators
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Complaints mount against gray-market broker WTF Wholesale
8/29/2011
Problems open view into world of flea product diversion
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N.J. bill stalls as legal battle concerning dog's death wages
7/18/2011
NJVMA weighs in on legislation
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ISU settles lawsuit with veterinarians
6/29/2011
Specialty referral practice to pay ISU
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Gilded Lilly? Bayer challenges Elanco claims
6/24/2011
Bayer challenges Elanco claims about diversion, loyalty to veterinarians
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Con artist or lending lifeline? VetFinance Group under scrutiny
6/23/2011
Veterinarians allegedly bilked by broker Ron Paterson
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Scientist fired by Merial alleges Heartgard Plus coverup
6/7/2011
Dr. Kari Blaho-Owens seeks damages, whistleblower protections
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ISU wins first round in litigation against veterinarians
5/3/2011
Specialists barred from competing with ISU hospitals fight back
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Court clears path for pet-food settlement claims payout
4/5/2011
Resolution to melamine poisoning claims years in coming
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Texas bill seeks to waive confidentiality privileges for deadbeat clients
1/26/2011
Legislation would protect veterinarians collecting unpaid debts
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Pet food settlement appeal decided
12/20/2010
Small hurdle remains before claims can be paid
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California veterinarians target unlicensed care
12/14/2010
Conflict between profession, lay practitioners intensifies
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Veterinarian struggles to protect her online reputation
12/8/2010
Practitioner suspects Internet extortion is at play
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Texas veterinarians author legislation to bridle lay dentists
12/3/2010
Judge's order prompts end to regulatory crackdown on unlicensed teeth floating
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Health credit programs: safety net or predatory lending?
10/4/2010
NY state investigation puts veterinarians on the defensive
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Complaint by second ex-Banfield veterinarian hits dead end
9/29/2010
Lawyer seeks settlement with company
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PVP, subsidiaries seek bankruptcy protection
8/23/2010
Veterinarians dismayed by state of company
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PVP faces bankruptcy; veterinarian investors stand to lose
8/12/2010
SEC filings reveal distributor entered into forbearance with lender
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One Banfield complaint dismissed; another lodged
8/5/2010
Cases involve veterinarians fired from the same Oregon clinic
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Veterinarian fired from Banfield sues company
6/1/2010
Alleges hospital values money over good medicine
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University of California poised to appeal $38M court decision
5/6/2010
Class action payout includes former veterinary students
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FDA calls veterinary compounding at Franck’s illegal
4/19/2010
In unprecedented action, agency seeks court injunction against pharmacy
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Sentences handed down in pet-food poisoning criminal case
2/9/2010
Defendants fined total of $35,000, given 3 years’ probation
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AVMA seeks to deter news investigation
1/21/2010
Alleges reporter misappropriated confidential documents
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Drug maker sues compounding pharmacy
12/17/2009
Bayer says Wedgewood infringing on patent
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Confounding compounding
11/23/2009
Legal fog surrounds growing source of veterinary drugs
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U.S. Attorney recommends $35,000 in fines, no prison time for ChemNutra owners
6/19/2009
Judge to decide sentences in melamine contamination cases
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Pet food settlement stalled by appeals
5/26/2009
Legal wrangling over melamine contamination of 2007 drags on
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Flea product swap causes a flap
5/8/2009
Summit's strict anti-diversion contract kicks in
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Dr. Janis Audin dies
4/23/2009
Longtime JAVMA head leaves legacy, official says
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Veterinarians must comply with Red Flags Rule by May 1
4/22/2009
Most practice owners already meet requirements, AVMA official says
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Practice staffer unknowingly buys hot items off eBay
3/24/2009
Investigation ensues after stolen IV pump breaks
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Board complaints rise in Texas
1/16/2009
Consumer awareness, Internet play role in increase, official says
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MVMA pushes animal protection legislation
1/14/2009
Measure directs courts to consider pets when issuing domestic violence protective orders
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Chicago mandatory neuter proposal makes concession to veterinarians
1/9/2009
Amendment relieves DVMs from reporting clients
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Microchips dump legal, ethical baggage on veterinarians
1/7/2009
AVMA attempts to shed light on gray areas of pet identification
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Pet food court settlement hung up by appeals
12/18/2008
23,000 pet owners filed claims to date
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Pet value continues to test veterinary medicine
10/21/2008
Court ruling, roundtable talks feature latest on economic worth
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Decision: United States of America v. Franck's Labs, Inc.
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Pet food settlement appeal decided
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December 20, 2010
By: Edie Lau
For The VIN News Service
An appeals court that reviewed a $24-million class-action suit settlement over melamine-contaminated pet food has concluded that the deal is “fair, reasonable and adequate” except for one minor issue.
The issue relates to the limit of purchase claims to a maximum of $250,000. The U.S. Court of Appeals for the Third District, in an opinion filed Thursday, sent the case back to U.S. District Court Judge Noel Hillman in New Jersey for more information to support the purchase-claim limit. It was Hillman who approved the settlement in November 2008. Appeals filed by two separate parties blocked disbursements from the settlement fund.
Lisa Rodriguez, liaison counsel for the multiple class-action suits covered by the settlement, described the appeals court’s single concern as minor. Purchases are just one category of expense under which claimants may seek reimbursement. Rodriguez said the decision generally is favorable to the claimants.
“I think it’s a very good opinion,” Rodriguez told the VIN News Service. “It wasn’t ... particularly critical. They just wanted additional findings.”
Rodriguez said lawyers on the case will try to get “a quick turnaround date” with the judge to settle the matter once and for all. “Early January is our hope,” she said.
The delayed resolution to the pet food settlement has salted the wounds of people whose pets were killed or sickened by melamine and cyanuric acid found in more than 150 brands of dog foods and treats in 2007. The contamination led to the largest pet food recall in North American history, involving more than 60 million containers of pet food.
According to information in the appellate court decision, 24,344 claims were submitted by the Nov. 24, 2008, deadline. Of those, 20,550 have been deemed payable. The average claim is about $1,283, for a total estimated payable amount of $26,365,575.41, which exceeds the settlement fund by more than $2 million.
In addition, plaintiffs’ lead counsel may apply for reimbursement of attorneys’ fees for a total of up to $7.45 million, plus reimbursement of expenses. The fund covers claims and legal costs in the United States and Canada.
The pet food scandal was caused by unscrupulous suppliers in China who spiked wheat gluten and rice protein with nitrogen-rich melamine in an attempt to boost the products’ apparent protein levels.
Melamine is an industrial chemical not approved for consumption. If ingested, it can combine with the chemical byproduct cyanuric acid to form crystals in the kidneys, causing potentially fatal renal blockage.
Tainted imported product was sold to Menu Foods, a Canadia manufacturer that produced private-label and name-brand wet pet foods for a variety of companies. The contamination affected pet food giants including Hill’s Pet Nutrition, Mars, Inc., Nestle Purina PetCare Co., The Iams Co. and Procter & Gamble, along with prominent retail chains such as Walmart, Target, Costco, Petsmart and Petco.
Owners of ChemNutra, the company that imported the adulterated wheat gluten and rice protein, pleaded guilty last year to charges stemming from the scandal. The company and its owners, Sally Qing Miller and Stephen S. Miller, were fined a total of $35,000. The Millers were spared prison sentences but each given three years of probation.
Information on the settlement and associated legal documents, including the appellate court decision, are posted on the Internet.
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