Wednesday, June 15, 2016
I'm teaching Products Liability this summer. It's a fun course to teach, and I have a sense of relief about many of the products defects we no longer have to deal with on a regular basis. For example, last night in class we covered a case in which a wheel flew off a car and injured a child. That seemed to me an antiquated problem. Yet today one of my students sent me this article about a 2013 Tesla Model S electric car having the same issue. Moreover, the company sometimes proffers consumers waivers and nondisclosure agreements as part of the repair process. Nondisclosure agreements are common in lawsuit settlements, but this seems unusual.
Thursday, June 9, 2016
The Pittsburgh Post-Gazette has a Pennsylvania-focused story on 3-D printing. The disruptive nature of the technology for products liability has been obvious for several years. There are very few cases, but attorneys have started to ponder the issues. The story has several takeaway points. First, attorneys expect the early cases to focus on medical and auto parts. Second, the role of computer-aided design (CAD) software as a blueprint for designs will be important:
Products liability attorney Mihai M. Vrasmasu of Shook, Hardy & Bacon said that, when dealing with companies that use 3-D printing, liability issues can generally be broken down to three categories: when a manufacturer buys or licenses a design that is used to print the product, when a manufacturer modifies that file before printing the product, and when a manufacturer designs the file.
Finally, especially in the early period of uncertainty, it is crucial to use contracts to manage liability.
Monday, June 6, 2016
On April 3, an Amtrak train traveling from New York to Savannah collided with a backhoe in Chester, PA. The man operating the backhoe, 61-year-old Joseph Carter, was killed. Kline & Specter's Tom Kline has filed suit on behalf of Carter's adult children. The Delaware County Daily Times has the story.
Friday, June 3, 2016
Malaysia's Federal Court introduced the tort of harassment, covering sexual harassment, into the legal system this week:
“After mulling over the matter, we arrived at a decision to undertake some judicial activism exercise and decide that it is timely to import the tort of harassment into our legal and judicial system, with sexual harassment being part of it,” the apex court bench led by Chief Judge of Malaya, Tan Sri Zulkefli Ahmad Makinudin said in the judgement.
MalayMailOnline has the story.
Monday, May 16, 2016
The Argus Leader has compiled what it calls a first-ever glimpse at South Dakota med mal cases. It sounds very similar to med mal data from the U.S. as a whole:
The analysis of South Dakota data show that the vast majority of claims made against health providers are dismissed or withdrawn without any payment.
In 2014, insurers reported 163 claims that were either filed or closed. Of those, 28 were dismissed. Another 24 were closed with no payment amount recorded.
In 2015 there were 148 claims filed or closed with the Division, and 48 of those were closed without payment.
In 2014, insurers paid nearly $10.9 million on 27 settlements and one jury verdict. In 2015, that number dropped to nearly $6.4 million on 18 settlements.
In those two years, the largest settlement was $3 million. The average settlement was $367,654. The settlement amounts only reflect what insurance companies paid. They do not include additional amounts paid by health providers.
But getting those settlements can take years for injured patients or their surviving loved ones. The $3 million settlement, for example, took nearly four years from date of injury to settlement.
The full story is here.
Thursday, May 5, 2016
Two physicians at Johns Hopkins have conducted a study concluding that medical errors cause approximately 250,000 deaths every year in the United States, the third leading cause of death after heart disease and cancer. CNN has the story, including links to the study itself.
Thursday, April 28, 2016
Lawyers for residents of Flint, MI have filed administrative complaints, required as a step to suing government agencies, against the EPA for damage caused by lead in the water. The complaints reference an alleged email from an agency expert warning about the problem in June 2015. Reuters has the story.
Monday, April 25, 2016
About two weeks ago, Bloomberg BNA had a piece on defects in firearms. No agency has the authority to force a recall, meaning voluntary recalls by manufacturers and class actions are the only effective methods. Class actions are rare. Victor Schwartz is quoted extensively on "regulation by litigation."
Wednesday, April 20, 2016
The Utah Supreme Court recently adopted a bright-line cutoff for liability for negligent children, following R3 by setting the limit at 5 years old. The case involved a 4 year old who threw a rubber dolphin at his babysitter. Unfortunately, the dolphin hit the babysitter in the eye. She had just had a cornea transplant and the accident blinded her. The Volokh Conspiracy has the story.
Monday, April 18, 2016
Back in February, I reported about a suit brought by families of the children murdered in Newtown against gun manufacturers. The plaintiffs, attempting to get around the Protection of Lawful Commerce in Arms Act of 2005, advanced a negligent entrustment theory. The judge has now ruled that the claim may proceed. The New York Times has details.
Thursday, April 14, 2016
The Colorado Supreme Court held attorneys owe no duties to non-clients, such as the beneficiaries of a will, absent allegations of fraud, a malicious or tortious act, like negligent misrepresentation. JD Supra Business Advisor has details.
Monday, April 11, 2016
In the wake of the grand jury report on sexual abuse of minors in the Altoona-Johnstown Diocese, the House Judiciary Committee approved the removal of statutes of limitation in sex crimes and extending the statute of limitations until the victim turns 50 years old for civil cases. There was, however, no provision for a 2-year retroactive window to allow past victims to sue. Pennlive has details.
Wednesday, April 6, 2016
Wednesday, March 30, 2016
A former member of the UVa swim team and five team members have settled a federal hazing lawsuit. The five team members issued an apology but continued to deny the more egregious allegations, which included locking the former team member in a bathroom and subjecting him to sexual assault. They acknowledged their actions caused plaintiff hardship. Virginia Lawyers Weekly has the story.
Monday, March 28, 2016
Wednesday, March 23, 2016
At Slate, Amy Gajda has a piece on Hulk Hogan's verdict against Gawker, focusing on public disclosure of embarrassing private facts. She goes through the Restatement and discusses precedents regarding balancing privacy with freedom of the press.
Tuesday, March 22, 2016
Friday, March 18, 2016
Last week, 2 Pennsylvania families won a $4.2M jury award against fracking operators for contaminating their wells. Plaintiffs' fracking verdicts have been rare, with the 2014 Parr case in Texas ($2.9M) leading the way. BNA Bloomberg has the story, with an emphasis on whether this verdict will embolden potential plaintiffs.
Tuesday, March 8, 2016
Thursday, March 3, 2016
In 2013, a 26-year-old doctor who was a member of The Commonwealth Medical College's charter class, died of complications from a blood clot at the hospital in which she was about to start her pediatric residency. Suit filed on the doctor's behalf alleges negligent treatment. Jury selection took 2 days as a pool of 70 was reduced to 16. The trial is expected to be long and involve numerous witnesses. The Wilkes-Barre Times Leader has details.