TortsProf Blog

Editor: Christopher J. Robinette
Widener Univ. School of Law

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Friday, March 5, 2010

Personal Injury Roundup No. 69 (3/5/10)

Reform, Legislation, Policy

  • Medical device firms claim job losses as a result of the Massachusetts gift-ban.  (Mass High Tech)
  • Proposed Bipartisan Tax Fairness and Simplification Act of 2010 would bar defendants from deducting punitive damages awards as a business expense.  (NY Times, Cal Punitive Damages)
  • FDA Tobacco Panel includes two scientists with ties to manufacturers of quit-smoking products.  (WSJ)
  • Nestle, Gerber and 15 other companies receive warning letters from the FDA for false and misleading food labeling.  (Wash Post, FDA Law Blog)

New Lawsuits

  • Santa Clara County (CA) files false advertising suit against GlaxoSmithKline.  (Mercury News)
  • Portland (Ore.) community college student files false arrest and battery claims aganist police.  (Oregon Live)
  • IHOP sued for finger-tip in the fried chicken salad.  (Smoking Gun)

Appeals

  • Seventh Circuit rejects preemption defense in Paxil suicide case.  (Torts)
  • New Jersey Supreme Court holds NJ can exercise jurisdiction in a product liability action over a foreign manufacturer based on the manufacturer's relationship with a nationwide distributor and on its presence at national trade shows. (Mass Tort Defense)
  • Fifth Circuit to rehear the Katrina-climate change suit en banc.  (Mass Tort Defense)

Damages

Miscellaneous

  • NY Daily News on forensic meteorology and New York's "Storm in Progress" doctrine for winter slip-and-falls.  Fascinating.   

Thanks to my co-editor Bill for material this week.

-SBS

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