TortsProf Blog

Better Off Ted and Products Suits

The ABC comedy Better Off Ted this week featured an episode centered on a products liability lawsuit.  In it, the fictional-but-amusing Veridian Dynamics (which has, among other things, created "meat without cows" and "weaponized pumpkins") was sued for a perfume that, according to reports, caused hornets to attack 3 in 5,000 women who wore it.

The episode ("Trust and Consequence") -- which is not available online as of this writing, but likely will be soon at the ABC site -- includes (spoilers!) aspects of discovery (including an explanation about a problematic e-mail going missing), attorneys becoming romantically interested in employees of their adversaries, and a defendant seeking a scapegoat to avoid public anger. 

Plus, it's funny.

--BC

King of Torts' Former House for Sale

It could be yours for a mere $39.5 million.   Details at the WSJ Law Blog.

- SBS

OR: Family of 3-Year-Old Boy, Kaiser Permanente Settle Med Mal Suit

The case caused The Oregonian to investigate the physician involved in 2005; multiple alleged errors were discovered.  AboutLawsuits.com has the details.

Products Claim Against Boeing for "Fume Event" Sickness

CNN has the details here.

--CJR

Scorned Husband Sues Wife's Alleged Lover

A new alienation-of-affection case from Jonathan Turley:

Wealthy car dealer Bob Rohrman (known as “Bob Rohrrrrrrr-man” on his commercials) is suing a surgeon, Dr. Sami M. Bittar, who wooed his wife, Ronda.  Of course, Rohrman must show that the couple had a loving and full relationship before Dr. Bittar made a house call and that the good doctor was the cause of the damage to the marriage.

Turley further notes some recent successful alienation cases and the resulting verdicts.

- SBS

The D.C. Metro Crash: Race to the Courthouse

John Bratt, an associate of Ron Miller, has a post at Baltimore Injury Lawyer Blog.  For those of you who are just-the-facts types:  Train accident on 6/22 at 5:02 p.m.; first suit filed on 6/24.

--CJR

G.M. Keeps Liability for Unfiled Products Claims

As the New York Times reports, General Motors will retain liability for unfiled products liability claims as part of its bankruptcy.  Previously-filed claims, however, will be part of the bankruptcy.  A hearing on G.M.'s bankruptcy plan is scheduled for tomorrow in federal bankruptcy court in New York.  

- SBS

NYT Letters on Med Mal

The NYT has a letters-to-the-editor section devoted to medical malpractice.

--CJR

Have You Friended Your Drug Company?

As the Washington Postreports, drug companies are getting creative in their marketing, using Facebook, Twitter, MySpace, YouTube and other on-line outlets to pitch their products.

The FDA is watching the development with interest. "If drug companies or others working on behalf of drug companies wish to promote [their products] using social media tools, FDA would evaluate the resulting messages as to whether they comply with the applicable laws and regulations." said Karen Riley, a spokeswoman for the agency. "Our laws and regulations don't restrict the channels that prescription drug companies choose to use for disseminating product promotional messages."

- SBS

More on the Cowboys' Training Facility Collapse

Over a month ago, Sheila posted Michael McCann's column on the collapse of the Dallas Cowboys' training facility.  Today there is an AP report that the Cowboys knew of an earlier collapse of a similar structure at the time they contracted for the facility to be built.

--CJR

Chicago U.S. Attorney Threatens to Sue Harper Collins for Defamation

The Chicago Sun Times reports that the Patrick Fitzgerald, the U.S. Attorney for the Northern District of Illinois, has threatened to sue publisher Harper Collins for defamation based on statements in the forthcoming book "Triple Cross" by Peter Lance.  The Chicago Tribune (AP) also has coverage of the story.

- SBS  

Shell Settles Alien Tort Claims Act Suit On Eve of Trial

Royal Dutch Shell has agreed to pay $15.5 million to settle the Alien Tort Claims Act case based on its alleged complicity in the 1995 deaths of several Nigerian activists.   Jury selection had been scheduled to begin in the Southern District of New York, but was then postponed presumably to allow settlement talks to continue.     

Both Am Law Daily and the Wall Street Journal have more.

- SBS

Two Civ Pro Items of Note to Torts Profs

Torts profs (and practitioners) are litigators, too.   So, two civil procedure items of note from the U.S. Supreme Court:

1.  In Caperton v. A.T. Massey Coal (pdf) (08-22), the Court held that a West Virginia justice's failure to recuse after accepting substantial campaign donations from a person associated with the defendant violated the Due Process Clause of the 14th Amendment.

2. Yesterday, the Court granted review in Hertz v. Friend (08-1107).  The question presented is whether for purposes of determing a corporation's principal place of business for diversity jurisdiction, a federal court should apply the "place of operation test" or the "nerve center test" where a corporation does substantially more business in one state compared to others. 

 

- SBS

California Supreme Court Hears Arguments in Right of Publicity Case

The California Supreme Court hears arguments today in an interesting right of publicity case that pits California's statutory right of publicity - which prohibits the use of likenesses without consent -  against the statutory single publication rule, which limits damages to one instance.   In the past, the single publication rule has been applied to libel cases, so the defendant is only liable for the one offending statement even though thousands of copies of the book were published.  

Now, however, in Christoff v. Nestle, the court will consider whether the single publication rule applies to the photo of a male model that Nestle used for Taster's Choice labels (as well as advertisements, coupons) in 22 countries without his consent.   The Recorder has more on the story.

- SBS

Supreme Court Summarily Reverses Fear of Cancer Case

In a per curiam opinion(pdf) yesterday, the Supreme Court summarily reversed a $5 million verdict under FELA because the trial court rejected the defendant's proposed jury instruction stating that the jury had to find that the plaintiff's fear of cancer was "genuine and serious."  The ABA Journal has more on the decision.   Justice Stevens and Justice Ginsburg both issued dissenting opinions. 

- SBS

The Fight Against Libel Tourism in Britain

Sunday's NY Times had an interesting article on libel tourism - plaintiffs with little connection to Britain who bring libel lawsuits against American authors in London courts using Britain's friendlier libel laws.   From the article:

London has gained a reputation as the libel capital of the world. Saudi businessmen have sued there to complain about American reports that they engaged in terrorist financing; Russian and Ukrainian oligarchs have sued in Britain over accusations of unsavory business activities; and Hollywood celebrities have gone to London to seek redress over reports of wayward kisses.

To try to insulate American authors and publishers, groups like the A.C.L.U. and the Center for Democracy have persuaded lawmakers in New York and Illinois to pass state laws that block enforcement of British libel decisions in the United States. Similar bills are advancing in other state legislatures, and stronger measures, allowing American defendants to fight back against adverse foreign libel rulings, have been proposed in the United States Congress.

- SBS

California Supreme Court Decides Important UCL Case

The California Supreme Court issued its opinion in In re Tobacco Cases yesterday. As Maura Dolan for the LA Times reports,

The case against the tobacco industry, which lower courts had dismissed, charges the industry with luring people to smoke with deceptive ads about cigarette safety.  Brought on behalf of every Californian who saw the ads and purchased cigarettes from 1993 to 2001, the suit could produce a jury award in the billions of dollars, lawyers said.

Proposition 64 amended the state's unfair competition law to require people who sue to show they lost money or property as a result of an illegal act.  ...  Monday's ruling was unanimous in requiring representatives of the class -- the named individuals who filed the lawsuit -- to prove they relied on tobacco ads when they purchased cigarettes. Trial lawyers had conceded that point.

The court also agreed with trial lawyers that the named representatives should not have to prove "an unrealistic degree of specificity" about which ads they saw.

Business groups had argued that every member of the class -- all those who purchased cigarettes during the eight-year period--should also have to prove they bought cigarettes as a result of the advertisements, a huge legal hurdle.  The court majority said such a requirement would "effectively eliminate the class action lawsuit as a vehicle for the vindication" of consumer rights.

The court's three most conservative justices dissented, arguing that the majority ruling invited "mischief" and frivolous lawsuits that Proposition 64 was designed to halt.

Here's a copy of the opinion (pdf).   Kimberly Kralowec (UCL Practitioner) has a thorough analysis of the case.

- SBS

Comparative Fault Bill Passes NC House

As the Rocky Mountain Telegram (AP)reports, a bill that would change North Carolina to a comparative fault jurisdiction passed the NC House last week.   North Carolina is currently a contributory negligence jurisdiction.  Under the bill, North Carolina would become a modified comparative fault jurisdiction, where the plaintiff would recover only if she is less than 50% at fault.   (If found 50% at fault, the plaintiff would still recover nothing).  

- SBS

Trial Law Report - Tennessee Tort Law Edition - Free!

John Day is offering a free copy of the May 2009 edition of Trial Law Report - Tennessee Tort Law Edition.  As Day explains,

Trial Law Report summaries every tort, civil procedure, evidence and trial law opinion released by the Tennessee appellate courts every month.  We also provide you will a complete listing of all cases pending before the Tennessee Supreme Court and the United States Supreme Court on these subjects.  Finally, I write a monthly column on some aspect of the law of trial each month.

- SBS

"Is it becoming more dangerous to eat?"

So asks Andrew Martin and Gardiner Harris in Sunday's NY Times.   

- SBS