Shipman & Wright, LLP Blog

No Discharge Zone To Improve Water Quality in Wrightsville Beach, New Hanover County Waterways and Coastal Areas

Boaters who are eager to get out on the water as the weather improves will need to pay special attention to a recent rezoning by the Environmental Protection Agency. After a lengthy eighteen month approval process, the EPA has rezoned New Hanover county-area waters as a 'No Discharge Zone'.

The zoning bars all boats from emptying waste, including chemically treated waste, into the coastal waterways and up to three miles out into the Atlantic Ocean along the county coastline. New Hanover county's thousands of boat owners and operators will now be required to hold all waste on board until it can be pumped out at any of 11 designated pump-out stations.

Alderman Susan Collins, who is among several having campaigned on preserving water quality, said, "It is our first step at Wrightsville Beach to encourage and educate people to be responsible boaters. This No Discharge Zone shows the determination of Wrightsville Beach town officials and staff, working with many others, to make progress." She continued, "Testing waterways, with high bacteria levels, needs our immediate attention to prepare for the summer of 2010," hoping to raise concern for the enforcement of the new restriction.

The lengthy approval process was initiated by the Town of Wrightsville Beach and was endorsed by New Hanover County, NCDENR and Governor Beverly Perdue before reaching the EPA, who favored the designation which is effective as of this past Monday.

Related Links: No discharge zone is now in effect

It’s Dredging Time Again at Wrightsville Beach, NC

In efforts to save our beautiful beaches at Wrightsville, the Army Corps of Engineers are now gearing up for the dredging process that re-nourishes the erosion on the beach. The dredging project not only protects our area beaches but also the homes and business that depend on the sand to always be there.

This operation which takes place at Wrightsville Beach every four years, consists of relocating the sand from the ocean floor and depositing it back to the shoreline to replace the eroded beach. Without this process, our area beaches would be left more vulnerable to storms and rolling waves that Mother Nature often brings to our area.

Although this extensive process has its temporary downfalls (large pipes on the beach, noise, expense, safety issues, wildlife, etc) most people of this area are happy to deal with the mess every four years to help assure many more years of beauty and memories at Wrightsville Beach.

What do you think about the dredging process at WB? Do you feel that the benefits of changing natures path outweigh the alternative?

Spying On Students Via Webcam Brings Class Action Against School District

A school district in Philadelphia has found itself in hot water after it was discovered that laptops given to students for learning purposes also provided administrators with remote access to the embedded webcams, enabling teachers to spy on them and their families in their homes. Robbins v. Lower Merion School District asserts that 1,800 students were provided with the laptops to help build "an authentic mobile 21st century learning environment" to give students "24/7 access to school based resources."

The suit alleges claims under the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act and the Stored Communications Act, as well as violations of the Fourth Amendment, federal civil wrights law, and Pennsylvania's wiretap statute. The claim argues that the documentation that came with the laptops failed to warn parents and students that "the school district has the ability to remotely activate the embedded webcam at any time the school district wished to intercept the images from that webcam of anyone or anything appearing in front of the camera."

The matter didn't come to parents attention until a recent incident in which the lead plaintiff and Harriton High School student, Blake Robbins, was confronted by Assistant Principal Lindy Matsko with a photo taken from his webcam which has been said to have possibly contained "improper behavior." The suit claims that Robbins' father was later told that school officials were able to "remotely activate" the webcam at any time to capture any images that appeared without any prior knowledge of the students or parents.

A commenter on Digg, who claims to have recently graduated from the school, says the accusation confirms rumors about school officials monitoring students through remote access to the webcams. "Occasionally we would notice that the green light was on from time to time but we just figured that it was glitching out," he wrote.

The school district has since stated that the feature was intended to help track down stolen or missing laptops. "Laptops are a frequent target for theft in schools and off school property. The security feature installed to help locate a laptop in the event it was reported lost, missing or stolen so that the laptop could be returned to the student," the statement reads. The district claims it will not reactivate the feature "without express written notification to all students and families."

School District Accused of Spying on Students via Home Webcams (Law.com)
Harriton High School Used Laptop Webcams to SPY on Students... (Huffington Post)
Lower Merdion School District's initial response...

Toyota Confirms That Recall May Not Solve Problems

Featured Blog of the Week by Gary Shipman

In emotionally charged testimony before the House Energy and Commerce Committee on Tuesday, Toyota USA President Jim Lentz confirmed that the “runaway car” problems have still not been fixed, despite Toyota spending millions in television and newspaper ads stating that they have. In responding to questions from Rep. Henry Waxman, in which Rep. Waxman asked “Do you believe that the recall on the carpet changes and the recall on the sticky pedal will solve the problem of sudden unintended acceleration?”, to which Lentz (remarkably) responded, “No totally.” Lentz also confirmed that Toyota had replicated a demonstration, shown on ABC News, in which professor David Gilbert demonstrated that a short circuit produced unintended acceleration without triggering an “error code” in the car’s computer.

Tearful Toyota owners testified before the Congressional Committee about their efforts to get Toyota to address problems. Eddie Smith told the Committee that he and his wife were “called liars and actually accused of ruining our own brakes and transmission.” Smith’s wife, Rhonda, told the Committee of the night when her new Lexus, in 2006, ran away and would not slow down, even after she stood on the brakes and threw the car into reverse. “Shame on you, Toyota, for being so greedy”, Mrs. Smith said.

While Toyota offered “excuses” for the problems, namely, a “confusion of priorities” in its quest for growth, that excuse does not provide an explanation for why the company turned a blind eye to complaints about its cars problems, while reaping millions of dollars in profits worldwide.

It has now also been revealed that as early as 2004, NHTSA was aware of the sudden acceleration problems. Instead of conducting a full blow investigation, NHTSA employees that may have been involved in the investigation were later hired by Toyota. Go figure.

All of this amplifies a total breakdown in the rules and regulations that are designed to protect unwary consumers. Ultimately, it may require the Courts to provide justice for consumers.

Shipman & Wright Set to Volunteer in the NC Advocates for Justice High School Mock Trial Competition this Saturday

On February 20th 2010, local North Carolina attorney Gary Shipman, Matthew Buckmiller and James Moore along with paralegal Brandy Lea who is the Site Coordinator for Wilmington are volunteering their time to participate in this years NC Advocates for Justice High School Mock Trial Competition.

Every year, students from all over North Carolina come together at local courthouses to compete for the state title and a spot in the national level competition. With weeks of preparation for their day in court, students are able to show their critical thinking, public speaking, courtroom demeanor and teamwork skills to a panel of legal professionals in the community by presenting their case. The purpose of this competition is to turn the courtrooms into classrooms and create an effective and fun way for students to learn about the judicial process and the fundamental importance of our jury system.

As part of the panel of legal experts, the Shipman and Wright team are excited to be a part of this national competition that helps prepare these students to become responsible citizens and future jurors as well as educate them on the constitutional right for a trial by jury that we are entitled to as American citizens.

The competition is set to take place at New Hanover County Courthouse on Saturday, February 20, 2010 at 9am. For more information please visit http://www.ncaj.com/

Cellular Phones as Evidence, Wiping the Memory Won't Help

As the digital world turns it has become difficult to ignore how useful smartphones (such as the iPhone or BlackBerry) have become for creating efficiencies in the workplace. Busy businessmen and women are spending less time tied to the computer by leveraging this technology to handle their essential e-mail and web browsing needs. Smartphones have become so widespread in popularity that it's often a tool of choice for many employers, giving their employees a technological edge to better facilitate transactions and communication on the go.

As a result, these products are making appearances in court as evidence more often than ever. In past cases, evidence left on a smartphone (whether it be e-mails, text messages, photos, schedules, GPS data, the list is near endless) has helped resolve cases ranging from drunk driving to trade secret theft. If you thought wiping the phone's memory would be enough to create barriers, you would only be creating more trouble for yourself.

Southeastern Mechanical Services, Inc. ("SMS"), in the course of prosecuting employees of a construction services company for theft of trade secrets in Florida, obtained a court order which required the defendants to preserve all electronic data and computer files until further notice. The order also barred them from "destroying any and all information and documents potentially relevant to" the claim. Counsel for the defendants had requested their BlackBerry smartphones while possibly failing to warn them of the repercussions of wiping the device's memory.

Computer forensics experts would later discover that phone memories were intentionally wiped. The defendants responded by saying any e-mail communication would be available on the server it was sent to. The court noted, however, that employees used the phones both for work and personal e-mail accounts. Communication to private e-mail accounts were not mirrored on the employer's server. Based on the facts, the court granted SMS an adverse inference jury instruction due to the defendants' failure to keep the digital data on their BlackBerrys.

To read more, see the original post at The Legal Beat.

Honda Recalls Expanding for Airbag Concerns

Last week, Honda announced that the auto manufacturer will be expanding its recall to include over 430,000 vehicles worldwide. The expansion is a result of concern for airbag inflators in the vehicles, with the company's website stating that they may use too much air pressure during expansion, resulting in possible injury or death to the driver. The recall also mentions a possibility of metal fragments passing through the cushion material. Included in the expansion are the 2001 and 2002 Accord, Civic, Odyssey, and CR-V models as well as selected 2002 Acura TL vehicles.

The original recall began in November 2008 for the 2001-2002 models of Accords and Civics and a few 2002 Acura TL models. It originally affected over 4,000 vehicles in North America. Since adding half a million to that figure in summer of 2009, the recalled total now amounts to over 950,000 vehicles, with more than 825,000 of those being in the United States. This figure does not include an separate recall involving hazardous power window switches which has affected over 640,000 Fit, City, and Jazz models worldwide.

Honda plans to notify its customers by mail and phone with details on where to seek inspection and replacement by an authorized dealer.

Related Links

Honda recalls Several Models for Airbag Problems (Recall specifics)
Honda recalls 438,000 cars for airbag hazard

North Carolina Law Requires Recycling of Plastic Bottles

As of October 1, 2009, NC placed a ban on all rigid plastics entering landfills. Rigid plastics consist of bottles with necks smaller than the body, including PET plastic bottles (polyethylene terephthalate, code 1). Motor oil containers are the only exception to this ban. Preliminary reports show that drops-offs at the New Hanover county recycling center have increased 9% over October 2008 levels, indicating the public's positive response to the bill.

The Earth Policy Institute estimates the amount of oil required to sustain American demand for bottled water is equivalent to the amount of oil needed to fuel 100,000 cars for a year. Unfortunately, the majority of water bottles end up in landfills rather than recycling centers. With high landfill construction costs, increased recycling efforts play a crucial role in saving valuable landfill space. Aside from environmental conservation efforts, the resulting economic stimulation adds major appeal to the bill. The success of this ban brings the potential for job creation, an added benefit in the present economic downturn.

A few examples of what belongs in the recycling bin: Soda and water bottles, milk jugs, laundry detergent bottles, etc.

Written by: Brittney Edwards ( Shipman & Wright, LLP Intern)

New Hanover ABC Board Draws Criticism Over Salaries

North Carolina regulators are seeking to evaluate whether the state's current system for the distribution and sale of alcohol is in need of serious reform. Governor Beverly Perdue's Budget Reform and Accountability Commission will begin exploring issues which played a role in creating a salary scandal in New Hanover's ABC board among others. Questions and concerns began to surround the board and its use of tax revenue after investigative reports from Wilmington's Star News came to reveal some unusual salaries amongst the county board's administrators.

New Hanover county's Alcoholic Beverage Control commission began to catch criticism this past December when a report revealed 50% salary increases the board's administrators occuring over the course of four years. Board administrator Billy Williams was clearing over $250,000 in salary, bonuses, and "longevity pay" while assistant administrator Bradley Williams, also saw hefty pay increases to $115,000 in 2009 from a $75,000 salary just four years earlier. Further concerns were addressed to the fact that Bradley is the son of Billy Williams.

Stephen Culbreth, Richard Hanson and Charles Wells were asked to explain the salaries by the county commissioners. Culbreth explained that the salaries were fair due to high profitability. However, surveys later concluded that the Williams duo held among the highest salaries compared to administrators in areas with leading sales, including Charlotte. Culbreth, Hanson, and Wells later resigned from the board in January, overwhelmed by the controversy. Billy Williams will be retiring from his position on February 26th and is said to expect close to $100,000 a year in retirement pay.

New Hanover county expects to fill the seat left vacant by Williams sometime in April. Currently they are busy at work narrowing down over a hundred applications for the position which had been newly titled, "CEO."

Toyota Attempts To Save Face After Worldwide Break Recall

As was predicted in my blog yesterday, recall number three is officially underway for Toyota. This time the recall was for the brakes not properly working on the Toyota’s Hybrid, Prius and Lexus, resulting in an additional 437,000 vehicles that are affected. Now that all of Toyota’s recently surfaced issues have been recognized and are currently being handled to the best of Toyota’s ability, it is time for a little damage control.

Toyota has launched a new “Commitment Commercial” that publicly addresses the mistakes they have made and the steps they will take to rebuild the consumer’s trust and belief in the Toyota brand. Although the commercial was a smart business move, Toyota will be digging out of this very deep hole for a long time. Click here to view the commercial http://www.toyota.com/recall/videos/commitment-commercial.html

Break Problems for 2010 Toyota Prius Sedan- Possible Recall

When it rains it pours and Toyota seems to be drowning because of it.

It is reported that sometime this week Toyota will likely announce plans to recall more than 300,000 third-generation Prius hybrids to fix a break problem.

The Toyota Prius is tagged as the “most efficient hybrid” and has been since it was first introduced three years ago. However, it is now surfacing that the brakes on the Prius momentarily stop working after the car hits a bump and several accidents have occurred because of this. Reports of the break issue started to surface last December, but Toyota did not seem to take the complaints seriously, placing the blame on inexperienced drivers who didn’t know how to use anti-lock breaks. Suddenly, last week in the midst of the already Toyota frenzy because of two back to back recalls, Toyota announced that there was indeed a defect and they are ready to make the fix. Toyota should be making the recall on the Prius, as early as today.

Toyota of Wilmington Repairs Local Recalled Cars

Toyota has recently been one of the top stories on news stations all over the country, keeping consumers up to date on the recall and how to handle it. Repairs on the sticking accelerator pedal are in progress today, but Toyota has a long road ahead of them.

Locally, there is an estimated 3,000 Toyota models in the area. It is suggested by local dealers that if you are one of the 3,000 than you should call and make an appointment instead of just dropping by. Toyota of Wilmington has a trained team of technicians and they have already scheduled more than 300 appointments to make the adjustments. They are hoping to have each car in and out within an hour’s time.

To schedule an appointment call (910) 798-1199

New Hanover County Residents Say NO To Titan Cement Plant

Community crowds continue to fight hard against the Titan Cement project; but The Carolina Cement Company has every intention of making New Hanover County the home of Titan Cement Plant. The masses seem to be strongly opposed to the Titan Plant being built here, in New Hanover County and they want to be taken serious by lawmakers.

On February 1^st thousands of anti Titan people rallied on the steps of the New Hanover County Court House and a petition of 5,000 signatures was given to the commissioners in hopes that their voices would be heard and something would be done to stop Titan. Citizens are concerned that if one of the highest polluting industries in the nation settles in this community, the environment, and the people of this town will suffer greatly from the effects.

Titan is working on getting all of the permits they need. There are concerns for how they will dispose of the mercury and a memo from water quality experts says that the river is on a list of impaired waters because it is already polluted. Carolina Cement General Manager Bob Odem says, “ we will not put mercury in the Cape Fear River and the plant will do what’s best for the environment.” People in the community know that no matter how they dispose of the mercury, it will be released into the environment and negatively impacting, plants, animals, farms and the people.

The residents are encouraged by the commissioners to continue practicing the Right of Free Speech and to fight for what they believe in. And that is what they intend to do.

Are You Seeking FREE Legal Advice? “Ask a Lawyer Day” at Independence Mall This Saturday!

Shipman & Wright attorneys James Moore and Matt Buckmiller will be participating in the annual “Ask a Lawyer Day” event from 2pm-4pm at Wilmington’s Independence Mall this Saturday February 6^th, 2010.

This is the first year “Ask a Lawyer Day” will be held in our area and many attorneys will be volunteering their time from 10am -6pm on Saturday to participate. This event will allow lawyers to consult with the public and any general legal questions they may be dealing with. The lawyers will not be giving specific legal advice or providing representation but they will be able to give suggestions as to how problems might be solved.

If you or someone you know has a lingering legal issue that you have yet to be resolved or you don’t even know how to go about resolving it, come out this Saturday and “ask a lawyer.” James and Matt, along with all of the other attorneys that will be volunteering their time throughout the day, will be able to help.

Toyota Recall- What Goes Up Must Come Down Just as Fast

The Toyota Acceleration Recall is costing Toyota a lot more than half a billion dollars a month. Toyota’s quick success is now falling apart and their once reliable brand reputation is at risk and the recovery looks grim.

With over 2 million Toyota made vehicles involved in the latest recall, consumers all over the country are questioning their safety. Over the last decade there has been 2,000 reports of unwanted acceleration, resulting in 800 accidents and 19 fatalities. This recall follows almost too closely behind the recent recall Toyota made late last year of 4.2 million Toyota and Lexus floor mats that could also get stuck and jam the gas pedal down, causing acceleration and loss of control. All facts that are currently surrounding the Toyota crisis coupled with the timeline of complaints and recalls leading up to this point, have people questioning how long Toyota has been aware of this problem and if the have purposely been slow to react to it. Did Toyota get caught up in their quick success leaving room for error?

Tanya Nichols, a Toyota owner who experienced the unwanted acceleration resulting in an accident is quoted as saying “I am afraid that my car is going to be fixed, and I don’t want it back unless I can be guaranteed it is safe.” When Toyota President and Chief Operating Officer Jim Lentz was told about Tanya’s statement he was then asked if he could in fact guarantee her safety, he said, “ We are confident that we have a fix for both recalls and that this will be under control.” Lentz continued his interview with Matt Lauer of the The Today Show and handled him self and the intense questioning very well. However, it is my opinion that confidence does not guarantee anyone’s safety.

Toyota claims to have pinpointed the issue and dealers around the country are now receiving packets and instructions on how to “fix” the sticking pedal. The process of repair is said to start by the end of this week. Meanwhile, Toyota competitors Ford and GM are taking full advantage of Toyota’s crisis and offering incentives for Toyota owners to trade in their cars for new Ford and GM vehicles.

Shipman & Wright Attorneys Gary Shipman and Matthew Buckmiller Recognized as 2010 North Carolina Super Lawyers Magazine

I would like to take this opportunity to recognize an accomplishment of two of our attorneys at Shipman & Wright, LLP.

For the sixth year in a row our head attorney, Gary K. Shipman, was voted as a 2010 North Carolina Super Lawyer. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

Also honored in the 2010 edition of Super Lawyers is attorney Matthew W. Buckmiller. Matt is listed as one of the 2010 North Carolina Rising Stars. The Super Lawyers Rising Star category is to recognize the top up-and-coming attorneys in the state -- those who are 40 years old or younger, or who have been practicing for 10 years or less.

When I asked Matt about his first appearance in Super Lawyers he said “It’s an honor to be selected as one of the best attorneys in the State of North Carolina and that recognition would not have possible but for the patience of my fiancé and the hardworkers at Shipman & Wright."

Gary and Matt have been featured in articles published in the 2010 edition of the magazine. Follow the links below to view the articles. We are very excited about the continued success of our attorneys at Shipman & Wright. Congratulations!

Gary K. Shipman

online at

visit superlawyers.com

Matthew W. Buckmiller

online at

visit superlawyers.com

SC v. NC – Water Dispute presently in US Supreme Court

With the exponential growth seen in Charlotte, NC and surrounding cities, demand for clean water is rapidly exceeding available supply. The main issue in question is from which location will these extra resources be extracted and at what cost?

In 2007, SC Attorney, Henry McMaster, filed suit against NC regarding water rights of the Catawba and Yadkin River basins. The city of Charlotte, NC is permitted to withdraw 33 million gallons of water per day from these basins. Moreover, SC was not prompted to file suit until the NC Environmental Panel granted two Charlotte suburbs, Concord and Kannapolis, permission to withdraw 10 million gallons of water daily from the Catawba River. SC argues that an additional 10 million gallons of extracted water will result in diminished resources downstream; the state seeks an equitable division of water from these sources.

McMaster suggested that NC Attorney General, Roy Cooper, participate in closed-door negotiations with SC regarding this matter, but Cooper insisted that public involvement is necessary in solving this issue. Both states have agreed that this suit would be best settled out of court, and have appointed a bi-state commission, the Catawba-Wateree River Basin Advisory Committee, to help resolve the dispute.

SC insisted the water resources be divided equally between the two states, and then among third parties in NC; however, the US Supreme Court ruled that third parties, Duke Energy and Catawba River Water Supply Project, be participants in the suit. This suit is ongoing, and the outcome will undoubtedly have impacts on future rulings over interstate water conflicts.

Written by: Brittney Edwards ( Shipman & Wright, LLP Intern)

Wilmington Attorney Gary Shipman Featured in Lawyers Weekly for Top 25

Wednesday, January 27, 2010

ARTICLE OF THE WEEK

Top 25 largest verdicts and settlements reported to Lawyers Weekly in 2009
Here is the list we have compiled of the 25 largest verdicts and settlements reported to North Carolina Lawyers Weekly in 2009.

#17

$3.1 million
Premises liability - The plaintiff was visiting a home owned by the defendants during Memorial Day weekend in 2007. While on the deck of the home, a railing surrounding the deck gave way, causing the plaintiff to fall from the deck and break his neck, rendering him a quadriplegic.

The case was settled at mediation for the sum of $3.1 million.

SUMMARY
Type of action: Premises liability
Injuries alleged: Broken neck and quadriplegia
Case name: Confidential
Case number: Confidential
Court: U.S. District Court for the Eastern District of North Carolina
Verdict or settlement: Settlement (mediated)
Date: October 2009
Amount: $3.1 million
Insurers: Confidential
Plaintiff's attorneys: Gary K. Shipman of Shipman & Wright (Wilmington); Michael E. Spears (Spartanburg, S.C.)

Click here for the Full Story - FREE

Post-Surgical Pain Pumps Linked to Cartilage Loss in Young Athletes

The athletic careers of many high school and college students have come to an abrupt end due to a condition known as Chondrolysis. Chondrolysis is the deterioration or death of cartilage in the joint. When the cartilage dies, there is no cushion in the bone and the sufferer is left with bone grinding on bone. This is a painful and debilitating condition that forces many sufferers to endure full joint replacements, and multiple replacements depending on their age.

When Chondrolysis was first reported in orthopedic journals, no one had an explanation for why so many relatively young patients were developing this rare condition. But now several studies have pointed the finger at pain pumps placed after surgery.

These pumps were placed in the joint to deliver pain medicine after surgery. Pain pumps are placed to deliver local anesthetics to a specific area through a plastic tube. Placing the pump to deliver medicine directly into the joint was thought to be a more effective and efficient delivery system, providing faster and greater pain relief for shoulder, knee and other joint surgery patients. Unfortunately, the manufacturers did not test this new delivery method before convincing surgeons of its great benefits. Despite warnings from the FDA that testing would be needed before this new delivery system could be marketed, the manufacturers did not do any meaningful studies and chose to use the American population as guinea pigs.

Now many people, particularly younger patients, are paying a painful price. The reason that so many young people are affected is that the pain pump was thought to be a safer alternative than pain pills. Since many pain medicines are highly addictive and the pain pump delivers medicine in a controlled manner, the pump became the method of choice for post-surgical pain relief. Little did these once vibrant athletes know that these pain pumps would completely change and ruin their lives.

Now juries must decide whether the manufacturers should have done more. Over 150 lawsuits have been filed thus far. One jury in Oregon recently awarded over $5.5 million to a father of four who now cannot pick up his baby or shake someone’s hand because a pain pump destroyed his shoulder joint. I hope the juries keep getting this one right.

Medical Device Firm Ordered to Pay for Shoulder Injury

A California-based medical device company was negligent for urging doctors to use a pain pump in an unapproved and unsafe manner among patients recovering from shoulder surgery, an Oregon jury has found. In the lawsuit, Matthew Beale claimed that use of the pump, manufactured by I-Flow Corp., destroyed cartilage in his shoulder and left him disabled. Jurors ordered I-Flow to pay $4.75 million in combined damages to Beale and his wife. Helen Jung, The Oregonian 01/22/2010

Read Article: The Oregonian

Consumers Beware of Counterfit and Potentially Harmful version of Alli

This week, the FDA is warning consumers about a counterfeit and potentially harmful version of Alli 60 mg capsules (120 count refill kit). Tests conducted by GlaxoSmithKline (GSK) found that the counterfeit version is lacking orlisat, the active ingredient in Alli. Additionally, the counterfeit contains sibutramine. Sibutramine is a drug that should not be taken without physician oversight and can harmfully conflict with other medications.

For more information and the FDA news release, please visit:

http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm197857.htm

BPA- Hazardous Chemical Found in Baby Products

The Seattle Times urged Washington lawmakers to take action against bisphenol A (BPA) related products marketed for children. BPA can have hazardous health affects and can be found in products from baby bottles to drinking cups and plastic tableware. Because of the lack of oversight and accountability, children safety is at risk. Last week, the FDA realized the risk and released a statement in favor of stopping the production of BPA-containing baby bottles and infant-feeding cups.

For additional information regarding BPA, check out the January 2010 update from the FDA:
http://www.fda.gov/NewsEvents/PublicHealthFocus/ucm064437.htm

The Seattle Times article can be found here:
http://seattletimes.nwsource.com/html/editorials/2010835196_edit20chem.html?syndication=rss

Shipman & Wright is asking for Witnesses to the Fatal Car Crash that Killed a Beloved Pender High Teacher

Shipman & Wright has been retained to represent the Estate of a dear wife and mother who lost her life on Dec. 17, 2009. If you traveled Hwy 117 near Wilmington Auto Salvage at approx. 5:15 pm on 12/17/09 it is imperative we speak with you. If you have any information regarding this accident please immediately contact Shipman & Wright, attorney James Moore jmoore@shipmanlaw.com , paralegal Andrea Townsend atownsend@shipmanlaw.com or call our office at (910) 762-1990. Your memories could help a grieving family put this tragic loss behind them.

To see full coverage on this story go to StarNews Online

Related Links:
http://www.starnewsonline.com/article/20091217/ARTICLES/912179973?Title=Pender-High-teacher-killed-when-SUV-hits-construction-metal-on-N-College

http://www.starnewsonline.com/article/20091218/ARTICLES/912189962

http://www.wwaytv3.com/pender_county_teacher_involved_fatal_car_wreck/12/2009

Kraft Foods Decides to Purchase Cadbury Chocolate for a Sweet Price of $19.5 billion

On February 2nd shareholders of Cadbury Chocolate - the two-hundred year old British Company - decide whether they continue to hold stock in Cadbury after Kraft Foods purchases it. Kraft, has sold cheese in America since the early 1900’s and now employs “98,000 people and owns 168 manufacturing and processing facilities worldwide.”

The purchase of Cadbury by Kraft, both believe will increase benefits by shareholders. Stocks were up 3.5% on Tuesday. Still, there are doubts about the merging of these two tycoons, and that is United Kingdom jobs. According to the article “Cadbury agrees Kraft takeover bid” from BBC news, unions, among others, are concerned over Kraft costing UK jobs and Kraft has not ruled out these types of cost-cutting measures.

Outsourcing has come under serious scrutiny in the US over the past couple years, and it is obvious that we may not be the only ones feeling a burden of sorts. The reality, however, may be that jobs are outsourced, but the people working under heinous conditions is now very limited, especially after the Nike and Starbucks scandals. Maybe these guys have learned their lessons?

An article was used from http://news.bbc.co.uk/2/hi/business/8467007.stm “Cadbury agrees Kraft takeover bid.” Accessed 19 January 2009.

The CPSC Recalls 1.5 Million Strollers Made by Graco Children's Products

Wednesday morning the Consumer Product Safety Commission announced a recall on strollers made by Graco Children’s Products. They were made in China and sold at Babies “R” Us, Toys “R” Us, Kmart, Fred Meyer, Sears, Target, Walmart and other retailers. The recalled strollers are Graco’s Passage, Alano and Spree strollers and travel systems, about 1.5 million strollers made by Graco are assumed to have this defect.

Triggering the recall, Graco received seven reports of children being injured when their fingers got caught in canopy hinge as it was being opened or closed. Five of those seven reports were of children losing their fingertips.

Graco made two styles of hinges for the strollers. The recall is on the plastic, jointed hinges with indented notches for positioning the canopy. The recalled strollers were manufactured between October 2004 and February 2008. The date and model number can be located on the lower inside portion of the rear frame. A complete list of the model numbers of recalled strollers and travel systems, visit the CPSC’s Web site.

Anyone with a recalled stroller should not continue with use and contact Graco at 800-354-4109 to receive a free protective cover repair kit. https://www.cpsc.gov/cgibin/incident.aspx.