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	<title>Baron &#38; Budd, P.C. &#124; Protecting What&#039;s Right</title>
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	<description>Baron &#38; Budd, P.C. &#124; Protecting What&#039;s Right</description>
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		<title>Consumer Alert: FDA Requires New Warnings for YAZ, Yasmin</title>
		<link>http://baronandbudd.com/blog/2012/05/16/consumer-alert-fda-requires-new-warnings-for-yaz-yasmin/</link>
		<comments>http://baronandbudd.com/blog/2012/05/16/consumer-alert-fda-requires-new-warnings-for-yaz-yasmin/#comments</comments>
		<pubDate>Wed, 16 May 2012 21:21:18 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Unsafe Drugs & Medical Devices]]></category>
		<category><![CDATA[Birth Control]]></category>
		<category><![CDATA[DRSP]]></category>
		<category><![CDATA[YAZ]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006658</guid>
		<description><![CDATA[Baron and Budd Warns Women About Side Effects DALLAS –(May 16, 2012) –The Federal Drug Administration (FDA) has recently decided to strengthen warning labels on the oral contraceptive YAZ and its sister drug Yasmin regarding increased risks of blood clots from using the medications. Baron and Budd, a national law firm dedicated to protecting the [...]]]></description>
			<content:encoded><![CDATA[<p><em>Baron and Budd Warns Women About Side Effects </em></p>
<p>DALLAS –(May 16, 2012) –The Federal Drug Administration (FDA) has recently decided to strengthen warning labels on the oral contraceptive <a href="http://baronandbudd.com/areas-of-practice/unsafe-drugs-and-medical-devices/yaz-yasmin-and-ocella-oral-contraceptives">YAZ</a> and its sister drug Yasmin regarding increased risks of blood clots from using the medications. Baron and Budd, a national law firm dedicated to protecting the rights of consumers, is warning women about the new labels and the adverse health effects of YAZ, Yasmin, Beyaz and Ocella.</p>
<p>YAZ, Yasmin, Beyaz and Ocella belong to a newer family of birth control pills that contain drospirenone (DRSP). Studies have found that women who use birth control pills that contain DRSP are at an increased risk of developing blood clots when compared to traditional birth control pills.</p>
<p>The new FDA warnings follow the recommendations of an FDA advisory committee that evaluated the potential health risks of YAZ and other DRSP-containing birth control pills. After reviewing studies of the health risks, the committee recommended stronger warning labels for the DRSP family of drugs.</p>
<p>&ldquo;Women need to be aware of things that could threaten their health,&rdquo; said Laura Baughman, attorney at Baron and Budd. &ldquo;Even though YAZ has been aggressively marketed to treat a variety of issues, that does not mean that it can deliver on all of those promises. In fact, in 2008 Bayer was forced to run a $20 million ad campaign to clarify the company&rsquo;s previous commercials about YAZ, which, according to the FDA, were misleading because the ads promoted YAZ for conditions that it was not approved for and downplayed potential risks of the drugs –like blood clots.&rdquo;</p>
<p>The most common health issues associated with YAZ are: blood clots and other problems associated with blood clots such as heart attack, stroke and pulmonary embolism.</p>
<p>More than 10,000 lawsuits have been filed by women who have suffered blood clots and other adverse side effects from taking YAZ or Yasmin, including at least four class action lawsuits. Bayer recently agreed to settle the first group of lawsuits regarding blood clots for approximately $110 million. Other lawsuits are still in process. Regardless, it is not too late to file a lawsuit for serious health effects from YAZ, Yasmin, Beyaz or Ocella.</p>
<p>Learn more about YAZ and connect with others on our Facebook group: <a href="http://www.facebook.com/Yaz.Help">http://www.facebook.com/Yaz.Help</a>.</p>
<p>If you or someone you know has suffered a serious effect while taking YAZ, Yasmin, Beyaz or Ocella, call Baron and Budd at 1.888.349.5511 or email us at <a href="mailto:yazinquiry@baronbudd.com">yazinquiry@baronbudd.com</a>. </p>
<p>Baron and Budd has a 30 year history of protecting the rights of consumers. The firm prides itself on remaining at the forefront of meaningful litigation that positively impacts the lives of consumers. Baron and Budd was one of the law firms that pursued justice for people with serious health conditions caused by the diet drug Fen-Phen and helped oversee a settlement in litigation regarding the drug. The firm currently represents thousands of patients who have suffered serious health issues from the diabetes drug Avandia.</p>
<h3>About Baron &amp; Budd, P.C. </h3>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 30-year history of &ldquo;Protecting What&rsquo;s Right&rdquo; for people, communities and businesses harmed by negligence. Baron &amp; Budd&rsquo;s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a> at Baron &amp; Budd.</p>
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		<title>Baron and Budd Seeks to Help Women Harmed by YAZ, Yasmin, Beyaz and Ocella</title>
		<link>http://baronandbudd.com/blog/2012/05/04/baron-and-budd-seeks-to-help-women-harmed-by-yaz-yasmin-beyaz-and-ocella/</link>
		<comments>http://baronandbudd.com/blog/2012/05/04/baron-and-budd-seeks-to-help-women-harmed-by-yaz-yasmin-beyaz-and-ocella/#comments</comments>
		<pubDate>Fri, 04 May 2012 19:49:36 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Unsafe Drugs & Medical Devices]]></category>
		<category><![CDATA[Beyaz]]></category>
		<category><![CDATA[Birth Control]]></category>
		<category><![CDATA[Ocella]]></category>
		<category><![CDATA[Yasmin]]></category>
		<category><![CDATA[YAZ]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006617</guid>
		<description><![CDATA[DALLAS –(May 4, 2012) &#8211; Baron and Budd, a national law firm dedicated to Protecting What’s Right, is stepping up to help women who have suffered serious health issues from the oral contraceptives YAZ, Yasmin, Beyaz and Ocella. Bayer, the manufacturer behind YAZ, has recently agreed to pay at least $110 million to settle about [...]]]></description>
			<content:encoded><![CDATA[<p>DALLAS –(May 4, 2012) &#8211; <a href="http://baronandbudd.com">Baron and Budd</a>, a national law firm dedicated to Protecting What’s Right, is stepping up to help women who have suffered serious health issues from the oral contraceptives <a href="http://baronandbudd.com/yaz">YAZ, Yasmin, Beyaz and Ocella</a>. Bayer, the manufacturer behind YAZ, has recently agreed to pay at least $110 million to settle about 500 lawsuits claiming that YAZ/Yasmin caused blood clots. Hundreds of other lawsuits surrounding Bayer’s Yasmin line of oral contraceptives are still pending.</p>
<p>YAZ was aggressively marketed toward young women as a new, hip form of birth control that could also treat premenstrual dysphoric disorder (PMDD), moderate acne and other conditions. In 2008, the FDA sent a warning letter to Bayer, informing the company that its advertising campaign overstated the benefits and approved uses of YAZ. In April 2012, the FDA ordered Bayer to put stronger warning labels on its drugs about the increased health risks.</p>
<p>The most common health problems associated with YAZ, Yasmin, Beyaz and Ocella are: heart attack, stroke and dangerous blood clots, including pulmonary embolism.</p>
<p>“This is only the beginning of numerous lawsuits that have been filed about the adverse side effects of YAZ and Yasmin ,” said Laura Baughman, attorney at Baron and Budd. “Bayer even failed to recall the drugs after reports proved that the potentially life-threatening side effects of YAZ and Yasmin outweighed the possible benefits &mdash;especially when there are many other, safer oral contraceptives available.”</p>
<p>YAZ, its generic Yasmin, second generation incarnation Beyaz and sister drug Ocella are part of the drospirenone family drugs, a synthetic type of progesterone that is used in newer birth control pills. Studies have found that using drospirenone can lead to an increased risk of developing blood clots.</p>
<p>According to an April 2012 Bloomberg article, Bayer’s oral contraceptives generated $1.5 billion in sales in 2010.</p>
<p>Learn more about the serious side effects of YAZ on our Facebook page, <a href="http://www.facebook.com/Yaz.Help">YAZ Help</a>.</p>
<p>Baron and Budd has been protecting the rights of consumers for more than 30 years. The firm was one the first to pursue justice for people suffering from the side effects of the diet drug Fen-Phen, and Baron and Budd attorneys helped oversee a settlement in the resulting litigation. Baron and Budd also represents more than 1,500 patients who have suffered serious health problems from the diabetes drug Avandia.</p>
<p>If you have suffered a serious health issue while taking YAZ, Yasmin, Beyaz or Ocella, call Baron and Budd at 1.888.349.5511 for a free review of your potential case.</p>
<p><strong>About Baron &amp; Budd, P.C. </strong></p>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 30-year history of “Protecting What’s Right” for people, communities and businesses harmed by negligence. Baron &amp; Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a> at Baron &amp; Budd.</p>
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		<title>Baron and Budd Warns that Wal-Mart Employees May Not Have Been Paid All Overtime Owed</title>
		<link>http://baronandbudd.com/blog/2012/05/03/baron-and-budd-warns-wal-mart-employees-overtime-owed/</link>
		<comments>http://baronandbudd.com/blog/2012/05/03/baron-and-budd-warns-wal-mart-employees-overtime-owed/#comments</comments>
		<pubDate>Thu, 03 May 2012 21:02:27 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Overtime Violations]]></category>
		<category><![CDATA[Fair Pay]]></category>
		<category><![CDATA[Wal-Mart]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006605</guid>
		<description><![CDATA[DALLAS –(May 3, 2012) –Baron and Budd, a national law firm dedicated to protecting consumers’ rights, is advising current and former Wal-Mart employees that the company may not have included all eligible employees in a recent settlement regarding unpaid overtime. Some employees may even have been under-compensated in the settlement. Earlier this month, Wal-Mart agreed [...]]]></description>
			<content:encoded><![CDATA[<p>DALLAS –(May 3, 2012) –<a href="http://baronandbudd.com">Baron and Budd</a>, a national law firm dedicated to protecting consumers’ rights, is advising current and former Wal-Mart employees that the company may not have included all eligible employees in a recent settlement regarding <a href="http://baronandbudd.com/areas-of-practice/overtime-violations">unpaid overtime</a>. Some employees may even have been under-compensated in the settlement. Earlier this month, Wal-Mart agreed to pay $4.8 million in back pay to thousands of employees after an investigation by the Department of Labor found that Wal-Mart had violated federal overtime pay laws by misclassifying certain employees.</p>
<p>“This is only part of what is probably a much larger issue,” said <a href="http://baronandbudd.com/about/our-attorneys/allen-vaught">Allen Vaught</a>, head of Baron and Budd’s FLSA litigation section. “While I am glad to see that Department of Labor going after Wal-Mart for these violations, there are probably even more Wal-Mart workers who are eligible for overtime back pay than those included in the settlement. It’s even possible that employees who were included in the settlement were not compensated for all back pay owed.”</p>
<p>According to the Department of Labor investigation, Wal-Mart misclassified some of its employees as exempt from overtime pay while, in fact, they were not exempt and should have been paid overtime. Approximately 3,700 employees working as Asset Protection Coordinators and Vision Center Managers are being paid back wages as part of the settlement.</p>
<p>Wal-Mart also recently faced serious allegations regarding a bribery cover up in its Mexican unit.</p>
<p>If you are a current or former Wal-Mart employee and think that you did not receive all back pay you were owed as part of this settlement, or if you were not included and you think you should be, call attorney Allen Vaught at <strong>1.866.495.1255</strong> or email him at <a href="mailto:avaught@baronbudd.com">avaught@baronbudd.com</a>. There is no cost for our review of your potential case. Your inquiry is confidential and FLSA laws allow for protection from being fired or discriminated against for investigating possible overtime pay violations.</p>
<p>Baron and Budd has a 30-year history of protecting the rights of consumers. The firm prides itself on spearheading meaningful litigation that has a real impact on consumers. The firm is currently involved in a lawsuit with SuperMedia, Inc. regarding unpaid overtime.</p>
<h3>About Baron &amp; Budd, P.C.</h3>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 30-year history of “Protecting What’s Right” for people, communities and businesses harmed by negligence. Baron &amp; Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a> at Baron &amp; Budd.</p>
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		<title>Baron and Budd Honors Workers’ Memorial Day 2012</title>
		<link>http://baronandbudd.com/blog/2012/04/27/baron-and-budd-honors-workers-memorial-day-2012/</link>
		<comments>http://baronandbudd.com/blog/2012/04/27/baron-and-budd-honors-workers-memorial-day-2012/#comments</comments>
		<pubDate>Fri, 27 Apr 2012 12:00:38 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Asbestos / Mesothelioma]]></category>
		<category><![CDATA[Asbestos]]></category>
		<category><![CDATA[mesothelioma]]></category>
		<category><![CDATA[OSHA]]></category>
		<category><![CDATA[Workers' Memorial Day]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006580</guid>
		<description><![CDATA[DALLAS –(April 27, 2012) – Workers will be coming together around the world April 28 to commemorate the 23rd Annual Workers&#8217; Memorial Day and to fight for their right to a safe work environment. As a law firm dedicated mesothelioma patients, Baron and Budd is taking a moment to remember those who have fallen due [...]]]></description>
			<content:encoded><![CDATA[<p>DALLAS –(April 27, 2012) – Workers will be coming together around the world April 28 to commemorate the 23rd Annual Workers&rsquo; Memorial Day and to fight for their right to a safe work environment. As a law firm dedicated <a href="http://www.mesotheliomanews.com">mesothelioma</a> patients, <a href="http://baronandbudd.com">Baron and Budd</a> is taking a moment to remember those who have fallen due to work-related injuries and standing up to protect America&rsquo;s workplaces.</p>
<p>Workers&rsquo; Memorial Day is an internationally recognized day of remembrance for workers who have passed from work-related diseases, such as mesothelioma cancer, or other work-related accidents. The holiday was originally created by the 1970 Occupational Health and Safety Act, which promises all workers the right to a safe workplace. April 28 is also the anniversary of the creation of the Occupational Safety and Health Administration (OSHA).</p>
<p>&ldquo;We believe in providing a safe work environment for everyone,&rdquo; said Russell Budd, President and Managing Shareholder of Baron and Budd. &ldquo;The asbestos companies knew that their products could cause serious health issues, yet they hid the truth from the public so they could continue to profit.&rdquo;</p>
<p>Mesothelioma is a rare but deadly cancer caused by exposure to asbestos. Many mesothelioma patients come in contact with asbestos at work or even bring the asbestos home from work on their clothing. </p>
<p>This year, OSHA will commemorate Workers&rsquo; Memorial Day Friday, April 27 in North Kansas City, Mo. at the Builder&rsquo;s Association Education and Training Center.</p>
<p>Baron and Budd has been advocating for mesothelioma patients for more than 30 years and has the resources to handle complex litigation at every step of the process. The firm has achieved some of the largest verdicts of their kind, including a $55 million verdict for an El Paso mesothelioma patient, $11 million for a career painter and $8.4 million against Hercules, Inc.</p>
<p>To learn more about <a href="http://www.mesotheliomanews.com/legal">mesothelioma lawsuits,</a> call Baron and Budd at <strong>1.866.844.4556</strong>, email us at <a href="mailto:&#105;&#110;&#102;&#111;&#064;&#098;&#097;&#114;&#111;&#110;&#098;&#117;&#100;&#100;">&#105;&#110;&#102;&#111;&#064;&#098;&#097;&#114;&#111;&#110;&#098;&#117;&#100;&#100;</a> or visit our dedicated mesothelioma website, <a href="http://www.mesotheliomanews.com">http://www.mesotheliomanews.com</a>. There is no cost or obligation for our review of your potential case.</p>
<h3>About Baron &amp; Budd, P.C. </h3>
<p>The national mesothelioma law firm of Baron &amp; Budd, P.C. has a more than 30-year history of &ldquo;Protecting What&rsquo;s Right&rdquo; for asbestos sufferers and their families. As one of the first law firms to successfully litigate an asbestos lawsuit, Baron &amp; Budd continues to actively represent veterans, industry workers and others who are suffering as a result of exposure to asbestos. Baron &amp; Budd achieved the largest mesothelioma verdict ever in the state of Texas, a $55 million verdict for an asbestos sufferer and his family in El Paso, Texas. Contact Baron and Budd at 1.866.855.1229 for additional information on mesothelioma treatments, mesothelioma cancer doctors and treatment centers and <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a>.</p>
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		<title>Baron and Budd Investigating Possible Overtime Violations at Call Centers</title>
		<link>http://baronandbudd.com/blog/2012/04/26/baron-and-budd-investigating-possible-overtime-violations-at-call-centers/</link>
		<comments>http://baronandbudd.com/blog/2012/04/26/baron-and-budd-investigating-possible-overtime-violations-at-call-centers/#comments</comments>
		<pubDate>Thu, 26 Apr 2012 14:26:25 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Overtime Violations]]></category>
		<category><![CDATA[Call Centers]]></category>
		<category><![CDATA[Fair Pay]]></category>
		<category><![CDATA[SuperMedia]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006575</guid>
		<description><![CDATA[DALLAS –(April 26, 2012) –Baron and Budd, a national law firm dedicated to protecting consumers, is investigating possible wage violation issues that may prevent inside sales representatives from earning all compensation they are owed by law. While these violations could be occurring at any business that employs inside sales representatives, Baron and Budd has found [...]]]></description>
			<content:encoded><![CDATA[<p>DALLAS –(April 26, 2012) –<a href="http://baronandbudd.com">Baron and Budd</a>, a national law firm dedicated to protecting consumers, is investigating possible <a href="http://baronandbudd.com/areas-of-practice/overtime-violations/">wage violation issues</a> that may prevent inside sales representatives from earning all compensation they are owed by law. While these violations could be occurring at any business that employs inside sales representatives, Baron and Budd has found that call centers seem to have the most widespread violation issues. The firm previously filed a lawsuit against <a href="http://baronandbudd.com/blog/2011/07/06/baron-budd-p-c-announces-class-action-lawsuit-against-supermedia-inc/">SuperMedia, Inc.</a> for these violations and believes that other sales-oriented companies may be committing similar violations.</p>
<p>&ldquo;The worst part is that many people don&rsquo;t even know that their employer is not paying them all of the money they are owed,&rdquo; said <a href="http://baronandbudd.com/about/our-attorneys/allen-vaught/">Allen Vaught</a>, head of the firm&rsquo;s FLSA litigation section. &ldquo;And just because you&rsquo;re salaried, does not automatically mean that you are not due overtime pay.&rdquo;</p>
<p>In the U.S., employers must comply with the Fair Labor Standards Act (FLSA), a federal law that governs wages, hours, minimum wage and overtime pay for all employees in the private sector as well as in federal, state and local governments. Under the FLSA, certain jobs are either &ldquo;exempt&rdquo; or &ldquo;non-exempt&rdquo; based on the job description and the level of supervision. All non-exempt employees are entitled to overtime pay, meaning that such an employee must be paid time and a half for all hours worked in excess of 40 hours per workweek, including bonuses or commissions. Many employees who are paid a flat or base salary are still due overtime pay when they work more than 40 hours in a workweek.</p>
<p>However, it is common for employees to either not pay overtime or not include commissions or bonuses in the time and a half rate of pay. Under federal law, this is illegal.</p>
<p>If you work in inside sales and think you might have been affected by overtime violations, call Baron and Budd at 1.866.495.1255 or email attorney Allen Vaught directly at <a href="mailto:&#097;&#118;&#097;&#117;&#103;&#104;&#116;&#064;&#098;&#097;&#114;&#111;&#110;&#098;&#117;&#100;&#100;&#046;&#099;&#111;&#109;">&#097;&#118;&#097;&#117;&#103;&#104;&#116;&#064;&#098;&#097;&#114;&#111;&#110;&#098;&#117;&#100;&#100;&#046;&#099;&#111;&#109;</a> to learn more about your rights.&nbsp; There are no out of pocket costs to you to call or email and learn your rights.</p>
<p>Your inquiry will be confidential and the FLSA protects employees from being discriminated against or fired for investigating a claim. </p>
<h3>About Baron &amp; Budd, P.C. </h3>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 30-year history of &ldquo;Protecting What&rsquo;s Right&rdquo; for people, communities and businesses harmed by negligence. Baron &amp; Budd&rsquo;s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a> at Baron &amp; Budd.</p>
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		<title>ADAO to Screen Asbestos Trial Documentary</title>
		<link>http://baronandbudd.com/blog/2012/04/25/adao-to-screen-asbestos-trial-documentary/</link>
		<comments>http://baronandbudd.com/blog/2012/04/25/adao-to-screen-asbestos-trial-documentary/#comments</comments>
		<pubDate>Wed, 25 Apr 2012 21:35:34 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Asbestos / Mesothelioma]]></category>
		<category><![CDATA[ADAO]]></category>
		<category><![CDATA[Asbestos]]></category>
		<category><![CDATA[mesothelioma]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006572</guid>
		<description><![CDATA[Baron and Budd is a Proud 2012 ADAO Platinum Sponsor LOS ANGELES –(April 25, 2012) –The Asbestos Disease Awareness Organization (ADAO) will be screening the documentary Dust: The Great Asbestos Trial this Friday to help educate people about the Eternit asbestos trial in Italy and help raise awareness about the public health risks of asbestos. [...]]]></description>
			<content:encoded><![CDATA[<p><em>Baron and Budd is a Proud 2012 ADAO Platinum Sponsor</em></p>
<p>LOS ANGELES –(April 25, 2012) –The Asbestos Disease Awareness Organization (ADAO) will be screening the documentary <em>Dust: The Great Asbestos Trial</em> this Friday to help educate people about the Eternit asbestos trial in Italy and help raise awareness about the public health risks of asbestos. A press conference will follow with Niccolo Bruna, one of the filmmakers behind Dust, Linda Reinstein, co-founder of ADAO, and Pepe Moreno, comic book artist and member of the creative team behind an international awareness comic book. <a href="baronandbudd.com">Baron and Budd</a> is a proud 2012 platinum sponsor of ADAO and is honored to support ADAO&rsquo;s efforts to spread awareness about this landmark asbestos criminal trial.</p>
<p>In the trial, two executives of Swiss company Eternit were sentenced to 16 years in prison and fined millions of euros for failing to protect thousands of workers and nearby residents from <a href="http://baronandbudd.com/areas-of-practice/mesothelioma-asbestos/asbestos-exposure/">asbestos exposure</a> in northern Italy. It was one of the largest environmental cases to ever come to trial in Europe and it could set an international precedent for legal proceedings regarding work place safety. </p>
<p>&ldquo;We hope that this documentary can serve as a catalyst for international change,&rdquo; said <a href="http://pview.findlaw.com/lawyer/john-langdoc/tx/dallas/MzU4NTA4MV8x/PP">John Langdoc</a>, <a href="http://www.mesotheliomanews.com/legal">mesothelioma lawyer</a> at Baron and Budd. &ldquo;This trial brought much-needed attention to the devastation asbestos can cause, but the global war against the asbestos industry isn&rsquo;t over. Asbestos still isn&rsquo;t banned in the U.S. and its use is still rampant in developing nations.&rdquo;</p>
<p>The screening will be at The Charles Aidikoff Screening Room, 150 S. Rodeo Drive #140, Beverly Hills, CA 90212 from 12:00 p.m. to 3 p.m. Fri. April 27. A buffet lunch will be served from 12:00-12:30 and a press conference and Q&amp;A will follow the film at 2:00. Please send RSVP for the event to <a href="mailto:dustscreening@gmail.com">dustscreening@gmail.com</a>.</p>
<p>Baron and Budd has been protecting the rights of asbestos patients and their families for more than 30 years and is dedicated to advocating for patients inside and outside the courtroom. In addition to being a 2012 ADAO platinum sponsor, the firm was the cornerstone donor of the International Mesothelioma Program (IMP) at Brigham and Women&rsquo;s Hospital. Firm President and Managing Shareholder Russell Budd also serves on the Foundation Board of the National Comprehensive Cancer Network (NCCN). </p>
<p>Working closely with NCCN, Baron and Budd sponsored the printing and distribution of the NCCN Guidelines for Mesothelioma Patients. For a free copy of the guidelines, call us at 1.866.844.4556 or email us at <a href="mailto:info@baronbudd.com">info@baronbudd.com</a>. </p>
<h3>About Baron &amp; Budd, P.C. </h3>
<p>The national mesothelioma law firm of Baron &amp; Budd, P.C. has a more than 30-year history of &ldquo;Protecting What&rsquo;s Right&rdquo; for asbestos sufferers and their families. As one of the first law firms to successfully litigate an asbestos lawsuit, Baron &amp; Budd continues to actively represent veterans, industry workers and others who are suffering as a result of exposure to asbestos. Baron &amp; Budd achieved the largest mesothelioma verdict ever in the state of Texas, a $55 million verdict for an asbestos sufferer and his family in El Paso, Texas. Contact Baron and Budd at 1.866.855.1229 for additional information on mesothelioma treatments, mesothelioma cancer doctors and treatment centers and <a href="http://www.mesotheliomanews.com">mesothelioma attorneys</a>.</p>
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		<title>BP, Attorneys Reach Landmark Billion Dollar Settlement in Gulf Oil Spill Lawsuit</title>
		<link>http://baronandbudd.com/blog/2012/04/20/bp-attorneys-reach-landmark-billion-dollar-settlement-in-gulf-oil-spill-lawsuit/</link>
		<comments>http://baronandbudd.com/blog/2012/04/20/bp-attorneys-reach-landmark-billion-dollar-settlement-in-gulf-oil-spill-lawsuit/#comments</comments>
		<pubDate>Fri, 20 Apr 2012 21:40:43 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Gulf Oil Spill]]></category>
		<category><![CDATA[BP]]></category>
		<category><![CDATA[Deepwater Horizon]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006564</guid>
		<description><![CDATA[Baron and Budd Remains Active in Litigation DALLAS –(April 20, 2012) –Earlier this week a billion dollar settlement was reached between BP and attorneys on the Plaintiffs’ Steering Committee (PSC) in the litigation surrounding the 2010 Gulf Oil Spill. With the two-year anniversary of the Deepwater Horizon explosion on Friday, this news is welcome relief [...]]]></description>
			<content:encoded><![CDATA[<p><em>Baron and Budd Remains Active in Litigation</em></p>
<p>DALLAS –(April 20, 2012) –Earlier this week a billion dollar settlement was reached between BP and attorneys on the Plaintiffs’ Steering Committee (PSC) in the litigation surrounding the <a href="http://www.baronandbudd.com/areas-of-practice/gulf-coast-oil-spill/">2010 Gulf Oil Spill</a>. With the two-year anniversary of the Deepwater Horizon explosion on Friday, this news is welcome relief for Gulf coast businesses and individuals.</p>
<p>The 2010 Deepwater Horizon explosion killed 11 workers and triggered the largest offshore oil spill in U.S. history. According to the U.S. government, approximately 4.1 million barrels of oil were spilled and never cleaned up. Baron and Budd shareholder <a href="http://baronandbudd.com/about/our-attorneys/scott-summy">Scott Summy</a> serves on the Plaintiffs’ Executive Committee (PEC).</p>
<p>“This settlement will provide needed monies to many individuals and businesses in the Gulf Coast who have suffered so greatly,” said Scott Summy.</p>
<p>Yesterday’s agreement is expected to pay an estimated $8 billion to resolve economic, property and medical claims by more than 100,000 Gulf-area businesses and individuals. Such a payout would make this one of the largest class action settlements in U.S. history. There is no cap on the total amount that can be paid.</p>
<p>According to the settlement, $2.3 billion has been earmarked for commercial fishermen, seafood boat captains and others. Another $57 million will be set aside to promote the Gulf coast in hopes of bolstering tourism and the seafood industry.</p>
<p>BP still faces billions of dollars in potential claims from the U.S. government, Gulf-area states and drilling partners Transocean and Halliburton.</p>
<p>U.S. District Judge Carl Barbier, who is overseeing the litigation, is scheduled to consider preliminary approval of the settlement in November.</p>
<p>Not all businesses or individuals may be eligible for compensation under the settlement. Contact Baron and Budd at 1.866.844.4556 or at info@baronbudd.com to find out if you or your business is eligible to file a claim. Learn more about the recent BP settlement at <a href="http://www.bpsettlementattorney.com">http://www.bpsettlementattorney.com</a>.</p>
<h3>About Baron &amp; Budd, P.C.</h3>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 30-year history of “Protecting What’s Right” for people, communities and businesses harmed by negligence. Baron &amp; Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the mesothelioma attorneys at Baron &amp; Budd.</p>
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		<title>Muscle Milk Consumer Can Move Forward with False Advertising Class Action</title>
		<link>http://baronandbudd.com/blog/2012/04/16/muscle-milk-consumer-can-move-forward-with-false-advertising-class-action/</link>
		<comments>http://baronandbudd.com/blog/2012/04/16/muscle-milk-consumer-can-move-forward-with-false-advertising-class-action/#comments</comments>
		<pubDate>Mon, 16 Apr 2012 15:28:59 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[Muscle Milk]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006544</guid>
		<description><![CDATA[April 13, 2012 Friday by Victor Li, The American Lawyer An Oakland, Calif., federal judge has allowed a purported class action to go forward alleging that the maker of Muscle Milk engaged in false advertising when it claimed that its product is a &#34;nutritious snack&#34; and and contains &#34;healthy fats.&#34; At the same time, the [...]]]></description>
			<content:encoded><![CDATA[<p>April 13, 2012 Friday</p>
<p>by Victor Li, The American Lawyer</p>
<p>An Oakland, Calif., federal judge has allowed a purported class action to go forward alleging that the maker of Muscle Milk engaged in false advertising when it claimed that its product is a &quot;nutritious snack&quot; and and contains &quot;healthy fats.&quot; At the same time, the judge dismissed other claims, finding that the plaintiff&#8217;s complaint was lean on facts, but giving her seven days to bulk up her allegations. </p>
<p>In <a href="http://amlawdaily.typepad.com/delacruzvcytosport_complaint.pdf">an amended complaint filed last September</a>, plaintiff Claire Delacruz, represented by Baron and Budd, accused Cytosport of false advertising and misrepresenting the nutritional effects of its Muscle Milk. Specifically, Delacruz alleged that Cytosport used false and misleading terms such as &quot;healthy fats&quot; and &quot;good carbohydrates&quot; on its drink containers, and that its Muscle Milk bars were actually unhealthy and contained as many calories as a chocolate glazed Krispy Kreme doughnut. In addition to state consumer protection and false advertising laws, Delacruz also brought common law fraud and unjust enrichment claims.</p>
<p>In a <a href="http://amlawdaily.typepad.com/delacruzvcytosport_dismissal.pdf">26-page opinion</a>, federal district court judge Claudia Wilken found the complaint light on some facts. &quot;[T]he term &#8216;healthy&#8217; is difficult to define and Plaintiff has not alleged that the drink contains unhealthy amounts of fat, saturated fat or calories from fat, compared to its protein content, based on any objective criteria,&quot; wrote Wilken. She also found that many of the claims on the packaging&#8211;such as &quot;go from cover it up to take it off&quot; and &quot;from frumpy to fabulous&quot;&#8211;was mere puffery.</p>
<p>Wilken, however, held that Muscle Milk&#8217;s claims to be a &quot;nutritious snack&quot; and to contain &quot;healthy fats&quot; were actionable, and refused to dismiss the causes of action relating to those phrases, which were printed on the bottle for Cytosport&#8217;s 14-ounce Muscle Milk drink. &quot;This representation is more specific than simply that the product is healthy,&quot; Wilken wrote. To the extent that Delacruz relied on those phrases and bought Muscle Milk, Wilken allowed her state and common law claims to proceed.</p>
<p>Cytosport&#8217;s attorney, Gibson Dunn &amp; Crutcher partner G. Charles Nierlich III, wrote in an email that he was pleased by the decision. &quot;The Court has now limited the case to one phrase used on the back of the bottle of one product,&quot; wrote Neirlich. &quot;This limited claim cannot form the basis of a nationwide class action. In addition, we look forward to showing that the one phrase remaining at issue in this case is not misleading in any way.&quot;</p>
<p>Meanwhile, Mark Pifko of Baron Budd, who was co-lead counsel for Delacruz along with Roland Tellis, told the Litigation Daily that he was glad that some of the case survived, and they would amend the complaint to comply with the judge&#8217;s order. &quot;It&#8217;s significant that she allowed an advertising claim to go through because that contributes to the claim of deceptive product labeling,&quot; said Pifko. &quot;We just need the right facts to allow some of the other advertising claims to stay in the case.&quot;</p>
<p><strong>LOAD-DATE:</strong> April 14, 2012</p>
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		<title>Muscle Milk Maker Can&#8217;t Crush False Ad Class Action</title>
		<link>http://baronandbudd.com/blog/2012/04/16/muscle-milk-maker-cant-crush-false-ad-class-action/</link>
		<comments>http://baronandbudd.com/blog/2012/04/16/muscle-milk-maker-cant-crush-false-ad-class-action/#comments</comments>
		<pubDate>Mon, 16 Apr 2012 15:17:21 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[Muscle Milk]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006541</guid>
		<description><![CDATA[By Jeremy Heallen Law360, New York (April 13, 2012, 7:39 PM ET) &#8212; A California federal judge ruled Wednesday that a proposed class action against CytoSport Inc. accusing the creators of the Muscle Milk brand of misrepresenting the nutritional value of its ready-to-drink products and protein bars could proceed on one factual claim. Ruling on [...]]]></description>
			<content:encoded><![CDATA[<p>By <strong>Jeremy Heallen</strong> Law360, New York (April 13, 2012, 7:39 PM ET) &#8212; A California federal judge ruled Wednesday that a proposed class action against CytoSport Inc. accusing the creators of the Muscle Milk brand of misrepresenting the nutritional value of its ready-to-drink products and protein bars could proceed on one factual claim.</p>
<p>Ruling on CytoSport&#8217;s motion to dismiss, U.S. District Judge Claudia Wilken found that most of CytoSport&#8217;s statements the plaintiff had targeted were vague and did not amount to violations of the law. However, she found that one claim — that CytoSport promotes its 14-ounce Muscle Milk Ready-to-Drink product as a &ldquo;nutritional shake&rdquo; containing &ldquo;healthy fats&quot; — was specific enough to survive dismissal.</p>
<p>&quot;[A] reasonable consumer would be likely to believe that the drink contains unsaturated, not saturated, fats,&rdquo; the order said.</p>
<p>G. Charles Nierlic of <a href="http://www.law360.com/firms/gibson-dunn">Gibson Dunn &amp; Crutcher LLP</a>, who represents the company, said his client was pleased with the judge&#8217;s dismissal of nearly all the plaintiff&#8217;s claims.</p>
<p>&quot;The court has now limited the case to one phrase used on the back of the bottle of one product,&quot; Nierlic said. &quot;This limited claim cannot form the basis of a nationwide class action. In addition, we look forward to showing that the one phrase remaining at issue in this case is not misleading in any way.&quot;</p>
<p>The court ruled that lead plaintiff Claire Delacruz could file a second amended complaint to address the factual deficiencies within seven days. Plaintiff&#8217;s attorney Mark Pifko of <a href="http://www.law360.com/firms/baron-budd">Baron &amp; Budd PC</a> indicated Friday that Delacruz would be filing a second amended complaint imminently.</p>
<p>In a statement released after the ruling, Pifko described CytoSport as &ldquo;preying on a community that wants to be healthy&rdquo; and contributing to America&#8217;s obesity epidemic.</p>
<p>&ldquo;You can&#8217;t just whip up a blend of saturated fat and fractionated oil and slap a &#8216;healthy&#8217; label on it,&rdquo; he said.</p>
<p>Delacruz&#8217; suit alleges violations of California&#8217;s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law, as well as fraud, negligent misrepresentation and unjust enrichment. Delacruz further argues CytoSport products &ldquo;are equivalent to fat-laden junk food.&rdquo;</p>
<p>&ldquo;[A] standard-size container of CytoSport&rsquo;s &#8216;Muscle Milk Ready-To-Drink (RTD)&#8217; contains the same number of calories and almost as much total fat and saturated fat as a &#8216;Glazed Kreme Filling&#8217; Krispy Kreme doughnut,&rdquo; the complaint said.</p>
<p>The proposed class is defined as anyone who has purchased CytoSport&#8217;s Muscle Milk Ready-To-Drink or Muscle Milk Bars since July 18, 2007.</p>
<p>In addition to class certification, the plaintiff is seeking compensatory damages, disgorgement, punitive damages, an order directing CytoSport to engage in a corrective advertising campaign, and injunctive and declaratory relief.</p>
<p>This is not the first allegation of mislabeling leveled at CytoSport. In 2010, the U.S. <a href="http://www.law360.com/agencies/federal-trade-commission">Federal Trade Commission</a> investigated CytoSport&#8217;s marketing of products under the brand names &quot;Muscle Milk,&quot; &quot;Monster Milk&quot; and &quot;Mighty Milk&quot; without disclosing that they are water-based and actually contain no milk.</p>
<p>The FTC closed its investigation after CytoSport agreed to revise its labels, according to a closing letter posted on the agency&#8217;s website.&nbsp; The U.S. <a href="http://www.law360.com/agencies/food-and-drug-administration">Food and Drug Administration</a> issued a warning letter to CytoSport in June over the same incident. CytoSport has not yet received a closing letter from the FDA, according to the agency&#8217;s website.</p>
<p>Plaintiff is represented by Roland Tellis and Mark Pifko of Baron &amp; Budd PC.</p>
<p>Defendant is represented by G. Charles Nierlich and Matthew L. Berde of Gibson Dunn &amp; Crutcher LLP.</p>
<p>The case is Delacruz v. CytoSport Inc., case number 3:11-cv-03532, in the U.S. District Court for the Northern District of California.</p>
<p>&#8211;Editing by Jocelyn Allison and Elizabeth Bowen.</p>
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		<title>Federal Court Rules that Nationwide Consumer Class Action Lawsuit Concerning Deceptive Labeling of Muscle Milk Products Can Proceed</title>
		<link>http://baronandbudd.com/blog/2012/04/14/federal-court-rules-that-nationwide-consumer-class-action-lawsuit-concerning-deceptive-labeling-of-muscle-milk-products-can-proceed/</link>
		<comments>http://baronandbudd.com/blog/2012/04/14/federal-court-rules-that-nationwide-consumer-class-action-lawsuit-concerning-deceptive-labeling-of-muscle-milk-products-can-proceed/#comments</comments>
		<pubDate>Sat, 14 Apr 2012 13:56:14 +0000</pubDate>
		<dc:creator>Baron &#38; Budd</dc:creator>
				<category><![CDATA[Deceptive Advertising]]></category>
		<category><![CDATA[Consumer Protection]]></category>
		<category><![CDATA[Labeling]]></category>

		<guid isPermaLink="false">http://baronandbudd.com/?p=20006538</guid>
		<description><![CDATA[SAN FRANCISCO –(April 11, 2012) –Yesterday, the United States District Court for the Northern District of California ruled that a false advertising lawsuit against Cytosport, Inc., producer of the popular Muscle Milk line of products, could proceed. According to the lawsuit, to increase sales figures, Cytosport intentionally misrepresents the purported health benefits of Muscle Milk, [...]]]></description>
			<content:encoded><![CDATA[<p>SAN FRANCISCO –(April 11, 2012) –Yesterday, the United States District Court for the Northern District of California ruled that a false advertising lawsuit against Cytosport, Inc., producer of the popular <a href="http://baronandbudd.com/area-of-practice/deceptive-advertising/muscle-milk/">Muscle Milk</a> line of products, could proceed. According to the lawsuit, to increase sales figures, Cytosport intentionally misrepresents the purported health benefits of Muscle Milk, and actively draws consumer attention away from the significant amount of saturated fats in the products.&nbsp;Baron and Budd attorneys <a href="http://baronandbudd.com/about/our-attorneys/Roland-Tellis/">Roland Tellis</a> and <a href="http://baronandbudd.com/about/our-attorneys/mark-pifko">Mark Pifko</a> serve as counsel in the lawsuit.</p>
<p>The lawsuit alleges that Cytosport profits significantly from its deceptive marketing of Muscle Milk because the company&rsquo;s depiction of the products as &ldquo;healthy&rdquo; plays into consumers&rsquo; increasing interest in health-conscious foods.</p>
<p>Yesterday&rsquo;s ruling allows the lawsuit to move forward. The Court explained that a &ldquo;reasonable consumer would be likely to believe that the drink contains unsaturated, not saturated fats. The drink container also states that it is a &lsquo;nutritional shake.&rsquo;&nbsp; This representation . . . contributes to a sufficient claim of deceptive product labeling . . . the injury to the consumer class as a whole could be substantial, even if the injury to individual consumers is minimal.&nbsp; No benefit is served by false and misleading advertising.&rdquo;&nbsp;</p>
<p>&ldquo;Cytosport is preying on a community that wants to be healthy, but instead of helping it is contributing to America&rsquo;s obesity epidemic,&rdquo;&nbsp;said Mark Pifko, attorney at Baron and Budd&rsquo;s Los Angeles office. &ldquo;You can&rsquo;t just whip-up a blend of saturated fat and fractionated oil, and slap a &lsquo;healthy&rsquo; label on it.&rdquo;</p>
<p>Baron and Budd is a nationally recognized plaintiffs&rsquo; law firm with more than 30 years&rsquo; experience fighting to protect what&rsquo;s right for consumers.&nbsp;The firm prides itself on remaining on the cutting-edge of meaningful litigation that protects consumers from negligent companies.&nbsp;Last year, Baron and Budd served on the plaintiffs&rsquo; steering committee in the Bank of America bank overdraft fee litigation that resulted in a $410 million settlement for consumers and forced Bank of America and other financial institutions to change overdraft fee policies.&nbsp;Since its expansion in 2011, the firm&rsquo;s Los Angeles office has taken the lead on a number of high profile consumer lawsuits, including cases against companies in the banking, automotive and food product industries.&nbsp;</p>
<p>To learn more about the Muscle Milk lawsuit, contact Baron and Budd at 1.866.844.4556or visit the firm&rsquo;s website at <a href="http://www.baronandbudd.com/">http://www.baronandbudd.com.</a></p>
<h3>&nbsp;About Baron &amp; Budd, P.C. </h3>
<p>The law firm of Baron &amp; Budd, P.C., with offices in Dallas, Baton Rouge, Austin, Los Angeles and Miami, is a nationally recognized law firm with a 30-year history of &ldquo;Protecting What&rsquo;s Right&rdquo; for people, communities and businesses harmed by negligence. Baron &amp; Budd&rsquo;s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, commercial litigation, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma. Learn more about the mesothelioma attorneys at Baron &amp; Budd.</p>
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