BE CAREFUL WHAT YOU POST ON THE INTERNET!!!

Be careful what you post on the Internet. That is the painful lesson Ms. Carey Bock learned after posting some negative remarks about Sue Scheff on the internet. Their dispute arose when Bock went to Ms. Scheff for some assistance in getting Bock's twin sons withdrawn from the Costa Rican boarding school in which Bock's ex-husband had placed them. Ms. Scheff, who runs a referral service called Parents Universal Resources Experts, referred Bock to a consultant. The consultant assisted Scheff retrieve her sons. Some portion of the transaction however, disturbed Bock. She then posted some negative messages about Scheff on an internet message board dedicated to parents putting troubled teens through boarding schools. Scheff saw the comments. She filed suit against Bock in Florida in 2003.

Bock initially had a lawyer, but soon was acting pro se due to financial pressures. To make matters worse, Bock, a native of Loiusiana, was uprooted by Hurricane Katrina and had to relocate to Texas. Bock didn't show up for trial and didn't offer any defense. The judge found for Scheff. A jury then heard Scheff's arguments for damages. Bottom line - an $11.3 million dollar verdict against Bock. After the verdict, Scheff noted that "People are using the Internet to destroy people they don't like and you can't do that". Bock commented that "Only one side of the story was told in court. Nobody heard my side".

For more info, see Laura Parker's October 10, 2006 article at USATODAY.com

MERCK WINS ONE IN VIOXX LITIGATION

In the latest verdict arising from the Vioxx litigation, Merck prevailed. A New Orleans jury recently found for Merck after it had been sued by a Kentucky man who accused Merck of failing to warn his doctors about the dangers of Vioxx. Robert Garry Smith, a 56 year old chemical plant worker, began taking the drug in 2002, after the label was changed to reflect a study that had found that use of the drug caused increased risk of cardiovascular problems. Smith had a heart attack the following year.

Smith's case was the first case that involved cardiovascular complications after the label had been changed. Nine other cases involved claims of cardiovascular damage before the label had been changed. Merck faces two more federal trials in the same courtroom this year. Merck has insisted throughout the litigation that it will vigorously defend each case. There are in excess of 18,000 cases pending. Vioxx was pulled from the market in 2004.

LAKE COUNTY BUSINESS DEFAMATION VERDICT

Interesting verdict out of Lake County, Illinois a couple of weeks ago, as reported by Barbara Rose in the Chicago Tribune. John Maki and his company, J. Maki Construction sued the Chicago Regional Council of Carpenters for distributing handbills that claimed that Maki and his company built substandard home. The handbills were handed out in Lake and McHenry Counties, where Maki does a lot of building. One of the fliers apparently contained a limerick of sorts where Maki's name was paired up with the word "crappy". In addition, the same flier publicized alleged problems in homes in a Maki development. Maki alleged that the flier was false, misleading and included incorrect quotes.

In addition, Maki claimed that the defendant conducted an 18 month campaign of harassment that included demonstrators following Maki to golf courses and restuarants. The defendant claimed that its actions were a perfectly lawful campaign arising out a labor dispute over Maki's alleged failue to pay standard wages.

The jury didn't think the campaign was lawful and awarded Maki $2.35 million dollars, in punitive and compensatory damages. The defense has vowed to appeal.